Obligation to provide reasons to the employee
Valid grounds (justified dismissal):
any fair reasons
No such obligation expressly provided in the LC.
Art. 144 LC: Any dismissal based on motives which are not real and justified ("réels et fondés") are null.
Art. 152 LC: Dismissals carried out without a legitimate motive ("motif légitime") as well as dismissals based on the worker's opinions, his or her trade union activities or membership to a trade union are unfair ("abusifs").
Art. 142 LC: Employees can be dismissed on economic or personal grounds (physical or professional incapacity or misconduct).
maternity leave, filing a complaint against the employer, temporary work injury or illness, religion, political opinion, trade union membership and activities, disability, performing military or civil service, participation in a lawful strike, HIV status
- No worker can be punished or be otherwise prejudiced in his/her career on the grounds his or her opinions as to politics, political, trade-unions or religion (Art. 9 LC).
In addition constitute an unfair dismissal ("licenciement abusif"), any dismissal based on the employee's opinion, trade union activities and trade union membership or non-membership (Art. 152 LC).
- It is not permitted to dismiss an employee on maternity leave (Art. 253 LC)
- Any discrimination in employment on the basis of physical or mental disability is prohibited (Art. 266 LC).
- Any dismissal based on the HIV/AIDS status of the employee is null and gives right to compensation (Art. 315 LC)
- Dismissal based on the worker's participation in a lawful strike is void (Art. 378 LC).
- On filing a complaint or participation in proceedings against the employer, see Art. 152 LC
- Note that according to Art. 10 LC "the law ensures equal opportunities for everyone in employment without discrimination of any kind".
In addition the LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease;
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.;
- absence during maternity leave;
- absence due to police custody or pre-trial detention;
- the worker is absent because he or she is exercising a political mandate (Art. 133 LC).
According to Art. 152 LC pertaining to "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.