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Lesotho - Voies de recours et procédure contentieuse en cas de litiges individuels


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Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, or by arbitration at the DDPR.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDPR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, or by arbitration at the DDPR.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDPR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, or by arbitration at the DDPR.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDPR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, or by arbitration at the DDPR.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDPR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labour Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labour Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labour Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

+ show references

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Possibilité de réintégration dans l'emploi: Oui

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Conciliation préalable obligatoire: Oui

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Courts ou tribunaux compétents: tribunal du travail

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the raison for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).

Règlement des litiges individuels par arbitrage: Oui

Remarks:
  • According to article 226 and 227 LC (as amended in 2000), arbitration is not an alternative mode of dispute settlement. In some cases listed in art. 226 (2) LC, dispute shall be settled through arbitration.