Labour Act [LA], No. 4857 of 22 May 2003.
[Note that this Act was amended by several acts (No. 5838 2009, Act No. 5763 of 2008, Act No. 5754 of 2008, Act No. 5538 of 2006, Act No. 5378 of 2005, Act No. 4884 of 2003, see NATLEX).
Date:18 Feb 2009;
(view in NATLEX »)
Law on Labor Courts No. 7036
Date:25 Oct 2017;
Size of enterprises excluded (≤):
The main size-based exclusion regarding termination of employment concerns establishments with less than 30 employees. In those establishments, employees are not covered by the job security provision, which means the employer's obligation to depend on a valid reason to terminate an employment contract does not apply (see Art. 18 LA)
In addition, Art. 4 LA provides for specific exclusions from the scope of application of the LA related to the size of the undertakings. Are excluded:
- establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out;
- establishments employing three or fewer employees and falling within the definition given in Art. 2 of the Tradesmen and Small Handicrafts Act.
Although the Labour Act stipulates that employers and employees are entitled to enter into any type of employment contract within the remits of the law, based on the requirements of their employment relationship, it does not stipulate all types of employment contract.
The new Code of Obligations of 19 December 2012 regulates the contract of workers not covered by the Labour Act and therefore provides for two types of employment contract that are not set out under the Labour Law - namely, "home working agreements" and "marketing agreements". In addition, even if the employees of the establishments with less than 30 employees are not covered by the job security provision, the 2012 Code of Obligations provides that, in the case of marketing facilities agreements, if there is no written contract to determine the terms and termination of the contract, the authority of the marketing employee, the payment of salary and expenses and the applicable law and the competent courts, the provisions of law and customary employment conditions will apply to the employment relationship between the parties.
Workers' categories excluded:
employer's family members, flying personnel, civil/public servants, agricultural workers, domestic workers, managerial / executive positions, seafarers, sportsmen, apprentices
*Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,
However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.
* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).
*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.