Employment protection

Employment protection legislation regulates both hiring and dismissal processes, aiming to strike a fair balance between employer flexibility and worker security. The Termination of Employment Convention, 1982 (No. 158) sets forth the principle that the employment of a worker should not be terminated unless there is a valid reason for such termination connected with the worker’s capacity or conduct, or based on the operational requirements of the enterprise, establishment or service. It also recalls that adequate safeguards shall be provided against recourse to contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from this Convention. Additional guidance is provided by the Termination of Employment Recommendation, 1982 (No. 166).

Overall, ILO standards on employment protection and termination seek to find a balance between maintaining the employer’s right to dismiss workers for valid reasons and ensuring that such dismissals are fair and are used as a last resort, and that they do not have a disproportionately negative impact on the worker.