FTC regulated: Yes

Valid reasons for FTC use: no limitation

Remarks

Art. 14.1 LC

Maximum number of successive FTCs: no limitation

Remarks

Art. 14.5 LC

Maximum cumulative duration of successive FTCs: 24month(s)

Remarks

Art. 14.5 LC.
This limitation does not however apply to contracts with an unspecified term (i.e : contracts concluded to temporarily replace a worker who is absent, contract concluded to carry out seasonal work or temporary extra work) : art. 14.6 and 14-7 LC.

Maximum probationary (trial) period (in months): 6 month(s)

Remarks

Art. 2 Decree N° 96-195.
Probationary period varies according to the category of workers as follows:
*1 month for monthly paid workers;
* 2 months for supervisors, technicians ans similar workers;
*3 months for engineers, managers, high-level technicians and similar workers;
*8 days for workers paid on a hourly or daily basis.
It can be renewed once.

Obligation to provide reasons to the employee: Yes

Remarks

Art. 16.4 LC

Valid grounds (justified dismissal): any fair reasons

Remarks

* Art. 16.3 LC: any fair reason ("motif légitime")
In addition see provisions on dismissal on economic grounds (art. 16.7 LC) and summary dismissal for serious misconduct (art. 16.16 LC).

Prohibited grounds: pregnancy, maternity leave, race, sex, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, disability, HIV status

Remarks

Art. 4 LC
Art. 23.3 and 23.5 LC

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave

Remarks

Art. 61.7 LC : prior authorization from the Labour Inspector required for the dismissal of worker's representatives.
Art. 23.3 and 23.5 LC: prohibition to dismiss pregnant women and women on maternity leave.

Notification to the worker to be dismissed: written

Remarks

Art. 16.4 LC.

Notice period:

Remarks

See art. 1 Decree N°96-200, 7 March 1996:

1) Monthly-paid workers belonging to categories 1 to 5, the length of the notice period is:
- up to 6 years of service: 1 month;
- 6 to 11 years of service: 2 months;
- 11 to 16 years of service: 3 months;
- above 16 years of service: 4 months.

2) Monthly-paid workers belonging to categories 5 to 10:
- up to 16 years of service: 3 months;
- above 16 years of service: 4 months.

3) Workers paid on a hourly, daily, weekly and fortnightly basis:
- up to 6 months of service: 8 days;
- between 6 months and 1 year of service: 15 days;
- 1 to 6 years of service: 1 month;
- 6 to 11 years of service: 2 months;
- 11 to 16 years of service: 3 months;
- above 16 years of service: 4 months.

Notice period is doubled for workers having at least 6 months of service and suffering from permanent partial disabilities (over 40%).

tenure ≥ 6 months:

  • monthly paid workers (categories 1 to 5): 1 month(s).
  • monthly paid workers (categories 6 to 10): 3 month(s).
  • fortnightly, weekly, daily or hourly paid workers: 15 day(s).

tenure ≥ 9 months:

  • monthly paid workers (categories 1 to 5): 1 month(s).
  • monthly paid workers (categories 6 to 10): 3 month(s).
  • fortnightly, weekly, daily or hourly paid workers: 15 day(s).

tenure ≥ 2 years:

  • monthly paid workers (categories 1 to 5): 1 month(s).
  • monthly paid workers (categories 6 to 10): 3 month(s).
  • fortnightly, weekly, daily or hourly paid workers: 1 month(s).

tenure ≥ 4 years:

  • monthly paid workers (categories 1 to 5): 1 month(s).
  • monthly paid workers (categories 6 to 10): 3 month(s).
  • fortnightly, weekly, daily or hourly paid workers: 1 month(s).

tenure ≥ 5 years:

  • monthly paid workers (categories 1 to 5): 1 month(s).
  • monthly paid workers (categories 6 to 10): 3 month(s).
  • fortnightly, weekly, daily or hourly paid workers: 1 month(s).

tenure ≥ 10 years:

  • monthly paid workers (categories 1 to 5): 2 month(s).
  • monthly paid workers (categories 6 to 10): 3 month(s).
  • fortnightly, weekly, daily or hourly paid workers: 2 month(s).

tenure ≥ 20 years:

  • monthly paid workers (categories 1 to 5): 4 month(s).
  • monthly paid workers (categories 6 to 10): 4 month(s).
  • fortnightly, weekly, daily or hourly paid workers: 4 month(s).

Pay in lieu of notice: Yes

Remarks

Art. 16.6 LC.

Notification to the public administration: No

Remarks

Except in case of dismissal of a workers' representative: (art. 61.7 LC) and in the case of an individual economic dismissal (art. 16.7 and 16.8 LC).

Notification to workers' representatives: No

Remarks

Except in the case of an individual economic dismissal: art. 16.7 and 16.8 LC.

Approval by public administration or judicial bodies: No

Remarks

Except in case of dismissal of a workers' representative: art. 61.7 LC.

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): No legal definition of collective dismissal. However, the Labour Code provides for a definition of economic dismissal and refers to more than 1 employee.

Remarks

Art. 16.7 LC:
- The employer who intends to dismiss more than one worker for economic reasons must, before making his or her decision, arrange a meeting to consult with the workers' representatives who may be accompanied by trade union representatives (...)

- A dismissal ordered by an employer because of job dislocations and operational changes, due mainly to technological changes and restructuring, or to economic difficulties which are of such a nature as to compromise its operations and the financial equilibrium of the undertaking, will constitute a dismissal for economic reasons.

Prior consultations with trade unions (workers' representatives): Yes

Remarks

Art. 16.7 and 16.8 LC

Notification to the public administration: Yes

Remarks

Art. 16.7-16.9 LC

Notification to workers' representatives: Yes

Remarks

Art. 16.7 and 16.8 LC

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks

No criteria listed in the LC (Art 16.8 LC refers to selection criteria as one of the elements to be transmitted to the workers' representatives for consultation).
Priority rules are listed in art. 38, ParagraphParagraph 1-2 of the 1977 Inter-occupational Collective Agreement. These are: professional skills, job tenure and family responsibilities. However, this part of article 38 has been implicitly abrogated by the articles of the labour Code that regulate collective dismissal.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

Priority rules for re-employment: Yes

Remarks

No provision in the LC. However priority right to re-employment is foreseen in art. 38, Paragraph 3 of the 1977 Inter-occupational Collective Agreement (1977)

Notes / Remarks

Notes

The procedures established by the LC apply to both individual and collective dismissals based on economic grounds

Severance pay:

Remarks

Art. 3 Decree N°96-200.
A worker is entitled to severance pay provided he has been employed continuously for a period of at least one year and he has not committed any serious misconduct. Severance pay corresponds to a percentage of the monthly overall wages for each year of service and is set according to the length of service as follows:
* 30% up to and including the fifth year;
* 35% from the sixth to the tenth year;
* 40% above 10 years of service.

tenure ≥ 6 months: 0 month(s)

tenure ≥ 9 months: 0 month(s)

tenure ≥ 1 year: 0.3 month(s)

tenure ≥ 4 years: 1.2 month(s)

tenure ≥ 5 years: 1.5 month(s)

tenure ≥ 10 years: 3.25 month(s)

tenure ≥ 20 years: 7.25 month(s)

Redundancy payment:

Remarks

No specific redundancy payment: severance pay covers dismissals for economic reasons.

tenure ≥ 6 months: 0 month(s)

tenure ≥ 9 months: 0 month(s)

tenure ≥ 1 year: 0.3 month(s)

tenure ≥ 2 years: 0.6 month(s)

tenure ≥ 4 years: 1.2 month(s)

tenure ≥ 5 years: 1.5 month(s)

tenure ≥ 10 years: 3.25 month(s)

tenure ≥ 20 years: 7.25 month(s)

Compensation for unfair dismissal - free determination by court: No

Remarks

Art. 16.11 LC

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Maximum 18 months' pay.

Remarks

Art. 16.11 LC

Reinstatement available: No

Preliminary mandatory conciliation: Yes

Remarks

Art. 81.22 LC: conciliation shall be part of the procedure before the labour court.

Note also that pursuant to art. 81.1 LC, the dispute can be brought to the Labour Inspector for extra-judicial conciliation.

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

Remarks

Art. 81.7 LC

Existing arbitration: No