References
Labour Code, Law No. 92/007, [LC]
Date:
19 Aug 1970;
(view in NATLEX
»)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: prison staff, civil/public servants, police, army, judiciary, other
Art. 1(3) LC
FTC regulated: Yes
Valid reasons for FTC use: no limitation
Art. 25 LC
: 2
Art. 25 (1) a) LC
Exceptions:
*Are not renewable contracts concluded for the execution of a specified task and contract which termination is subject to the occurrence of a future but certain event;
* Are renewable without limitation contracts of temporary employment to replace a worker, employment to complete a task within a specified period which requires additional manpower, occasional work aiming at coping with unexpected growth in the activities of the company or entailing urgent tasks for reasons of public security, and seasonal work. (art. 25 (4) LC)
Maximum cumulative duration of successive FTCs: 48month(s)
Art. 25 (1) a): maximum 2 years renewable once.
*This limitation does not however apply to temporary employment to replace a worker, employment to complete a task within a specified period which requires additional manpower, occasional work aiming at coping with unexpected growth in the activities of the company or entailing urgent tasks for reasons of public security, and seasonal work. (art. 25 (4) LC)
Maximum probationary (trial) period (in months): 8 month(s)
*Art. 2 of the Order N°017/MTPS/SG/CJ of 26 May 1993. The duration varies between 15 days and 4 months according to the professional category of the worker.
Reference is made to a number of categories divided in 4 groups. However, no information could be found on which workers were included in each category.
*Art. 26 LC
The probationary period cannot exceed 6 months including renewal, except for managerial staff for whom it can be extended to 8 months.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: pregnancy, maternity leave, political opinion, trade union membership and activities
The LC does not contain any general provision on non-discrimination.
Art. 39 LC states that dismissal based on the opinions of the workers or his affiliation to a trade union are considered wrongful.
Pregnant women and women on maternity leave: art. 84 LC.
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave
Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.
Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.
Notification to the worker to be dismissed: written
Art. 34 (1) LC
Notice period:
Art. 1 of the Order No. 15 of 1993.
The notice period varies according to the professional category to which the worker belongs and the length of service.
* Categories I to VI and domestic workers:
- less than one year of service: 15 days;
- 1 to 5 years of service: 1 month;
- more than 5 years of service: 2 months.
* Categories VII to IX:
- less than one year of service: 1 month;
- 1 to 5 years of service: 2 months;
- more than 5 years of service: 3 months.
* Categories X to XII:
- less than one year of service: 1 month;
- 1 to 5 years of service: 3 months;
- more than 5 years of service: 4 months.
Pay in lieu of notice: Yes
Art. 36(1) LC
Notification to the public administration: No
Exceptions:
Notification is mandatory prior to any:
* individual dismissal on economic grounds (art 40 (6) LC)
* dismissal of a worker's representative (art. 130 LC).
Notification to workers' representatives: No
Exception:
Notification is mandatory prior to any individual dismissal on economic grounds: art. 40 (3) and (6) LC.
Approval by public administration or judicial bodies: No
Exception: any dismissal of a worker's representatives shall be approved by the competent administrative authority: art. 130 LC and 40(7) LC.
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned) No legal definition - procedural requirements apply any dismissal (individual or collective) based on economic grounds
Art. 40 LC refers to "any dismissal based on economic grounds"
Notification to the public administration Yes
Art. 40 (3), (6) LC and art. 3 of the Decree No. 21, 26 May 1993.
Notification to trade union (workers' representatives) Yes
Art 40 (3), (4) (6) LC
Notification to workers' representatives: Yes
Art. 40 (6) LC and art. 3 of the Decree No. 21, 26 May 1993.
Approval by trade union (workers' representatives) No
Except for the dismissal of workers' representatives: art. 40 (7) LC.
Approval by workers' representatives No
Note: In the absence of agreement between the employer and the staff representatives, the dispute is brought before the Labour Inspector for arbitration (art. 40(6)d) LC). However, the employer is not bound by the decision of the administration.
(Paul-Gérard Pougoué, Code du travail annoté, 1997)
Approval by the administration is however mandatory in order to dismiss a workers' representative: art. 40 (7) LC
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
Art. 2 of the Decree No. 21 of 26 May 1993, lists the criteria to be considered in the following order: professional skills, length of service and family responsibilities.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes
Art. 40 (9) LC and art. 4 of the Decree No 21 of 21 May 1996: prior claim to employment in the same establishment for a period of 2 years.
Priority rules for re-employment Yes
Art. 40 (3) LC: alternatives to dismissal must be examined in the framework of the consultation process but no formal agreement is required.
:
Art. 1 and 2 of the Order N° 016 of 26 May 1993:
- A worker is entitled to severance pay provided he has been employed for at least two years and he has not committed any serious misconduct.
- Severance pay corresponds to a percentage of the monthly overall wages per year of service and is set according to the length of service as follows:
*20% per year during the first 5 years
*25% per year from the 6th to the 10th year
*30% per year from the 11th to th 15th year
*35% per year from the 16th to the 20th year
*40 % per year after the 21st year
: 0 month(s)
: 0 month(s)
: 0 month(s)
: 0.4 month(s)
: 0.8 month(s)
: 1 month(s)
: 2.25 month(s)
: 5.5 month(s)
:
No specific redundancy payment: severance pay covers dismissals for economic reasons. (Art. 1 and 2 of the Order N° 016 of 26 May 1993)
: 0 month(s)
: 0 month(s)
: 0 month(s)
: 0.4 month(s)
: 0.8 month(s)
: 1 month(s)
: 2.25 month(s)
: 5.5 month(s)
mine workers: No
Art. 39, (4) and (5) LC
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Unfair dismissal: not more than 1 month's salary per year of service and not less than 3 months' salary.<br/><br/>In addition, failure to observe the procedural requirements gives rise to compensation of not more than 1 month's salary.<br/>
Art. 39, (4) and (5) LC
managerial / executive positions: No
Except for workers' representatives: art. 130 LC.
police: Yes
Preliminary mandatory extra-judicial conciliation before the Labour Inspector (art. 139 LC).
Art. 131 and 133 LC
Existing arbitration: No