References
Code du travail (Labour Code, Law No. 84-118)
Date:
1 Jan 1970;
(view in NATLEX
»)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants
Article 1 of the Labour Code provides that the Labour Code covers all the relationship between a worker and an employer of the public or private sector.
However, this provision adds that persons under permanent employment in the public administration are excluded from the scope of regulation by the Labour Code.
Reforms under process:
In 2010, a new draft Labour Code is under tripartite discussion in Comoros
FTC regulated: Yes
Valid reasons for FTC use: no limitation
: 2
Article 36 of the Labour Code: the duration of a fixed-term contract cannot exceed 2 years and it may be renewed only once for the maximum duration of one year.
Maximum cumulative duration of successive FTCs: 36month(s)
Article 36 of the Labour Code: the duration of a fixed-term contract cannot exceed 2 years and it may be renewed only once for the maximum duration of one year.
Maximum probationary (trial) period (in months): 6 month(s)
Article 39 of the Labour Code.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, filing a complaint against the employer, temporary work injury or illness, race, colour, sex, religion, political opinion, social origin, nationality/national origin, trade union membership and activities
Article 2 of the Labour Code: general prohibition of discrimination on the grounds of race, colour, sex, religion, political opinion, national or social origin including with respect to disciplinary measures and dismissal.
Article 46 of the Labour Code provides a list of reasons which cannot consitute valid reasons for termination:
- trade-union membership or non-membership and trade-union activities;
- race, colour, sex, marital status, family responsibilities, pregnancy, religion or belief, political or philosophical opinion, nationality or social origin;
- seeking office as, or acting or having acted in the capacity of, a workers' representative;
- the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws;
- absence from work during maternity leave or temporary absence from work because of illness or injury.
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave
- Workers' representatives: article 183 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal.
- Women on maternity leave: article 121 of the Labour Code: no worker can be dismissed during maternity leave.
In addition, the LC establishes a special protection against dismissal for widows: article 121 of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.
Notification to the worker to be dismissed: written
Article 50 of the Labour Code
Notice period:
Article 50 of the Labour Code: the period of notice is to be defined by decree after consultation of the Supreme Council of Work to take into account, namely, worker's tenure and professional categories. No Decree has been adopted.
Pay in lieu of notice: Yes
Notification to the public administration: No
However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 183 of the Labour Code).
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 183 of the Labour Code).
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned) There is no statutory definition of collective dismissal. <br/>The Labour Code established a regime which applies to any dismissal justified by the reduction of the activity of the undertaking or an internal reorganization.<br/>
Article 51 of the Labour Code
Notification to the public administration No
Notification to trade union (workers' representatives) Yes
Article 51 of the Labour Code: mandatory notification to the labour inspector.
Notification to workers' representatives: Yes
Article 51 of the Labour Code
Approval by trade union (workers' representatives) No
Approval by workers' representatives No
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
Article 51 of the Labour Code: prior to a dismissal motivated by a decrease in the activity of the undertaking or internal reorganization, the employer must establish an order of dismissal in particular taking into account the professional qualifications, seniority and family responsibilities of workers.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes
Article 52 of the Labour Code - during 2 years after the dismissal for economic reasons.
Priority rules for re-employment No
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Article 50 of the Labour Code: severance pay for all types of dismissals is to be defined by decree after consultation of the Supreme Labour Council and must take into account, in particular, worker's tenure and professional categories.
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Article 50 of the Labour Code: severance pay for all types of dismissals is to be defined by decree after consultation of the Supreme Labour Council to take into account, namely, worker's tenure and professional categories.
: 0 month(s)
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mine workers: Yes
Article 46 of the Labour Code
managerial / executive positions: Yes
Article 46 of the Labour Code: reinstatement shall be the primary remedy.
police: Yes
Article 49 of the Labour Code: before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach a fair amicable settlement including reinstatement.
Articles 200 and 206 of the Labour Code: mandatory pre-trial conciliation by the labour tribunal.
Articles 46 and 192 of the Labour Code.
Existing arbitration: No