FTC regulated: Yes

Valid reasons for FTC use: no limitation


No provision on FTC in the legislation reviewed.

Maximum number of successive FTCs: no limitation


No provision limiting the use of FTC in the legislation reviewed.

Maximum cumulative duration of successive FTCs: no limitation

No provision limiting the use of FTC in the legislation reviewed.

Maximum probationary (trial) period (in months): 3 month(s)


Sec. C8 LC: The probation period may not exceed 3 months, unless there is provision for a greater period in a collective agreement.
During his probation period, an employee's employment may be terminated without any reason.

Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal):

Prohibited grounds: race, colour, sex, religion, political opinion, age, trade union membership and activities


The LC does not expressly provide a list of prohibited grounds for dismissal.
However, sec. C4(1) LC prohibits discrimination with respect to hire, tenure, wages, hours, or any other condition of work on the grounds of race, colour, creed, sex, age or political beliefs.
On trade union membership or activities, see sec. K(3) and K(4) LC.

Workers enjoying special protection:

No provision found in the legislation reviewed.

Notification to the worker to be dismissed: no specific form required


The LC does not specify whether the employer's notice of termination shall be written or not (see. sec. C9 LC).
The employer is however required to furnish a written statement indicating the reasons for dismissal within seven days of termination or notice thereof (see sec. C10 LC as amended by sec. 8 LCA).

Notice period:


See sec. C9(3) LC.
- The period of said advance notice shall be at least equivalent to the interval of time between the affected employee's paydays. It shall not exceed 30 days unless a longer notice period is stipulated in an employment contract.
- With respect to an employee serving a probation period, an employer must give at least 24 hours advance notice of his intention to terminate that person's employment.

Pay in lieu of notice: Yes

See sec. C9(4) LC.

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned) No number specified in the LC.


The LC only provides for a definition of redundancy without specifying the number of employees concerned.
See sec. C3 LC, as amended by sec. 7 LCA:
"'redundancy' means a situation in which by virtue of lack of customers orders, retrenchment, the installation of labour saving machinery, an employer's going out of business, a force majeure, or any other reason, work which a person was last employed to perform has ceased or substantially diminished".

Note that there are no additional requirements (such as notification or consultation) applicable to redundancy.

Notification to the public administration No

Notification to trade union (workers' representatives) No

Notification to workers' representatives: No

Approval by trade union (workers' representatives) No

Approval by workers' representatives No

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

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

Priority rules for re-employment No

Notes / Remarks


The LC does not foresee any specific legal regime applicable to collective dismissal.


No severance pay upon dismissal for reasons other than redundancy (sec. C40 LC)

: 0 month(s)

: 0 month(s)

: 0 month(s)

: 0 month(s)

: 0 month(s)

: 0 month(s)

: 0 month(s)

: 0 month(s)


See sec. C40 and 41 LC: provided that an employee has served at least one year with his or her present and predecessor employers, he or she will be entitled redundancy pay at a rate of at least one day's pay, at the employee's latest basic wage, for each month or major fraction thereof of his term of employment with his employer and any predecessor employer.

: 0 day(s)

: 0 day(s)

: 12 day(s)

: 24 day(s)

: 48 day(s)

: 60 day(s)

: 120 day(s)

: 240 day(s)

mine workers: Yes

See sec. B12 LC, as amended by sec. 6 of LCA: In an unfair dismissal or suspension without pay matter, a decisional officer may order the payment of a sum of money equal to loss of wages sustained and, in addition thereto he may also order the re-instatement or restoration of the person dismissed or suspended, or the payment of a sum of money in lieu of such reinstatement"

managerial / executive positions: Yes

See sec. B12 LC as amended by sec. 6 LCA.

police: Yes

Complaints of unfair dismissals shall be first brought to the Labour Commissioner who shall seek to settle the matter by voluntary adjustment or settlement within 10 days. Conciliation or mediation may be used for those purposes (see sec. C60, C61 together with sec. B5 LC).
Failing to achieve voluntary adjustment or settlement, he shall transmit the matter to the Minister in charge of Labour who shall also himself attempt to achieve voluntary adjustment or settlement of the matter by taking whatever steps he deems appropriate.(sec. C62 together with sec. B6 LC) If these attempts do not yield any results, the Minister shall take a number of steps available to him (sec. B6(2) LC) including referral of the matter to a Hearing officer (sec. C63 LC).

The Hearing Officer is competent to hear complaints of unfair dismissal (upon referral by the Minister) and impose appropriate remedies (damages or reinstatement in addition to the payment of loss wages) (see. sec. B12, and C63 LC).

It should be noted that the Industrial Relations Court has jurisdiction over trade disputes (collective disputes) and does not generally have jurisdiction over individual disputes such as disputes concerning dismissal.
However, according to sec. 10 ICA provides that in addition to its jurisdiction, in any dispute concerning the dismissal of an employee, if in the opinion of the Court, an employee has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice, it may order the re-employment or re-instatement of the employee and/or the payment of compensation or damages, or the payment of exemplary damages in lieu of such re-employment or re-instatement.

Existing arbitration: No

Dismissals complaints do not fall within the jurisdiction of the Arbitration Tribunal which is only competent to hear and determine any major trade dispute (sec. B8 LC). [A major dispute is a dispute which has led to an interruption of work which is continuing; or if there is no present interruption of work, may lead to an interruption of work: sec. K13 LC)

Definition of collective dismissal (number of employees concerned): 46

Statistics for 2007 (% of termination, suspension, redundancy, lay-off disputes), from the Labour Department of Antigua and Barbuda.