Obligation to provide reasons to the employee: Yes


Art. 72 LRA states that the employer is obliged to indicate the ground for termination, as stipulated by law or collective agreement and to substantiate the reason justifying termination. In addition, where the employer intends to dismiss a worker on the ground of misconduct, he/she must previously warn in writing the worker on the possibility of such dismissal in the event of further violations. (Art 73 LRA). Article 74(2) LRA provides for the obligation on the part of the employee to explain the reason for termination in the notice of dismissal as well as to provide indications on the legal remedies available and his/her rights to unemployment insurance. See also art. 85 LRA: the grounds for termination must be indicated in the dismissal decision.

Valid grounds (justified dismissal): any fair reasons


According to art. 71(2) LRA, the employer may only terminate the employment contract if there is a justified reason based on the worker's conduct ("personal reason of the employee") or operational needs of the employer (business reasons).
Art. 76 LRA establishes 3 categories of "justified reasons for dismissal" as follows:
- "personal reason", defined as the employee's inability to carry out employment obligations due to his/her conduct, lack of knowledge or capabilities;
- "fault reason", defined as the employee's violation of contractual or other obligations arising from the employment relationship;
- "business reason", defined as economic, organizational, structural, or similar reasons.
See also: art. 79 and 80 LRA on "personal reasons" (respectively on failure to carry out employment obligations and unsatisfactory performance).
In addition, art. 81 LRA provides for a non-exhaustive list of acts constituting a violation of work regulations and discipline justifying dismissal with notice whereas art. 82 LRA provides for a non-exhaustive list of acts justifying dismissal without notice.

Prohibited grounds: marital status, pregnancy, family responsibilities, filing a complaint against the employer, temporary work injury or illness, race, colour, sex, sexual orientation, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, disability, performing military or civil service, property, state of health, lawfully taking leave, ethnic origin


- Non-discrimination:
Art. 6 LRA prohibits discrimination against applicants or employees on the basis of race; skin colour; gender; age; health condition or disability; religious, political, or other conviction; trade union membership; national and social origin; marital status; sexual orientation; or other personal circumstances.
Art. 71(4) LRA provides that any termination based on those above listed grounds shall be null and void.

- Prohibited grounds of dismissal:
Art 77 LRA provides a list of "unfounded grounds for termination", as follows:
1) membership of a trade union or worker participation in union activities in accordance with the law and collective agreements;
2) filing a complaint or participating in proceedings against the employer for violation of contractual and other obligations arising from the labour relation before an arbitration, judicial or administrative authorities;
3) approved absence due to illness or injury, pregnancy, birth and parenthood and care of a family member;
4) Using approved absence of work and annual leave;
5) performing military service or military exercises and
6) Other cases of suspension of the employment contract defined by the Law.

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


Art. 101 LRA states that the employer shall not dismiss a woman during her pregnancy or while she is on a maternity leave, or during a leave of absence for child care.
This prohibition also applies to fathers on parental or adoption leave.

In addition, art. 200 LRA provides for a protection against dismissal for trade union representatives. A trade union representative can only be dismissed with the prior approval of the trade union. In case the trade union refuses to give approval, such approval can be given by the court. This protection applies during the whole period of the mandate and and at least two years after its expiration.