An essential element of a worker’s protection against unjustified dismissal is the right of appeal.  The national legislation often provides diverse remedies in case an employee wishes to contest a dismissal. For example, failure to have valid grounds for dismissal where required, or breach of the procedural requirements, may give an employee the right to claim various types of compensation or even nullify the dismissal. In some cases, reinstatement in employment is possible.

The right of appeal is outlined in Convention No. 158. Article 8 provides that “a worker who considers that his employment has been unjustifiably terminated shall be entitled to appeal against that termination to an impartial body, such as a court, labour tribunal, arbitration committee or arbitrator”. Article 9 offers further guidance on the procedures to be applied where a worker seeks to exercise his or her right of appeal, stating that the impartial bodies “shall be empowered to examine the reasons given for termination and the other circumstances relating to the case and to render a decision on whether the termination was justified”. Article 10 provides that in certain circumstances, if the competent bodies find that termination is unjustified, “they shall be empowered to order payment of adequate compensation or such other relief as may be deemed appropriate”.

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In approximately 2/3 of EPLex countries, dismissals can be contested in labour courts

  • Cases settled in specialized labour courts
  • Cases settled by other competent bodies
  • No data

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints

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Year(s) Country Region Compensation for unfair dismissal - free determination by court Compensation for unfair dismissal - free determination by court Remarks Reinstatement available Reinstatement available Remarks Preliminary mandatory conciliation Preliminary mandatory conciliation Remarks Existing arbitration Existing arbitration Remarks Competent court(s) / tribunal(s):ordinary courts Competent court(s) / tribunal(s):ordinary courts Remarks Competent court(s) / tribunal(s):labour court Competent court(s) / tribunal(s):labour court Remarks Competent court(s) / tribunal(s):administrative body Competent court(s) / tribunal(s):administrative body Remarks Competent court(s) / tribunal(s):none Competent court(s) / tribunal(s):none Remarks
2019 Afghanistan Asia N N The LC does not regulate compensation for unfair dismissal. The only provision regarding remedies for unfair dismissal is art. 132 according to which "If the employee is dismissed illegally from job, and re-employed to the previous job after a decision of the Dispute Settlement Commission or a court decision, his/her wages and other benefits of dismissal period is paid as per average wage and other benefit of the last six months prior to dismissal". Y
Y Art. 132 LC. N N Conciliation is not compulsory<br/>Art. 131(1) LC provides that &quot;Any kinds of disputes arising from work, between the organization [employer] and employee or trainee, can be settled by the direct understanding of the organization [employer] and the employee or trainee, on basis of the provisions of this Code and the supplement regulations and orders in relation to work.&quot; N No information found in the legislation reviewed. This might be regulated by a separate law, however no further information was found. Y
Y Art. 132 LC refers to the reinstatement decision of the Dispute Settlement Commissions or the Court.<br/><br/>The LC states that the establishment and the composition of labour dispute settlement commission and the hearing of labour disputes shall be regulated in accordance with the relevant legislative document. However, no information as to the existence of such regulation was found. N N Y
Y Art. 132 LC refers to the reinstatement decision of the Dispute Settlement Commissions or the Court.<br/><br/>The LC states that the establishment and the composition of labour dispute settlement commission and the hearing of labour disputes shall be regulated in accordance with the relevant legislative document. However, no information as to the existence of such regulation was found. N N
2019 Algeria Africa N N Art. 73-4 LC. Y
Y Art. 73-4 LC. Y
Y Preliminary mandatory conciliation before the Conciliation Office (Bureau de Conciliation): see art. 19 of the Individual Labour Disputes Settlement Act. The Conciliation Office is made up of 2 representatives of the employers and 2 workers&apos; representatives (art. 6 ILDSA).<br/>________________________<br/>Conciliation pru00e9alable devant le Bureau de conciliation (Article 19 de la Loi 90-04 relative au ru00e8glement des conflits individuels de travail). N No arbitration for individual disputes. N N Y
Y According to the Individual Labour Disputes Settlement Act, disputes regarding termination of employment are heard by the tribunal competent over labour matters [le &quot;Tribunal siégeant en matiere sociale&quot;] (Art. 20 ILDSA). This tribunal shall comprise a judge and workers&apos; and employers&apos; representatives (art. 8 ILDSA).<br/>_____________<br/>L&apos;article 20 de la Loi 90-04 relative au règlement des conflits individuels de travail dispose que les tribunaux siégeant en matière sociale connaissent des différends individuels de travail nés à l&apos;occasion, notamment, de la rupture d&apos;une relation de travail. N N N N
2019 Angola Africa N N Y
Y 1) Disciplinary dismissals:<br/>- Reinstatement is available in the event of an unfair disciplinary dismissal. If the employee does not wish to be reinstated, he or she will be awarded compensation for unfair dismissal. In addition, the employee shall be granted back pay from the date of dismissal until he/she obtains a new employment or until the date of the court&apos;s decision. However, back pay shall not exceed 6 months&apos; wages (art. 209 GLA).<br/>- Any disciplinary dismissal which is based on prohibited grounds (see above - &apos;substantial requirements&apos;) or which did not follow the required procedural rules (call for an interview, notice of dismissal) will be declared null by the Court. As a result, the employee shall be reinstated and receive pack pay from the effective date of his dismissal until his/her reinstatement (art. 208 GLA).<br/><br/>2) Economic dismissals:<br/>- Individual dismissal: <br/>In the event of unfair individual economic dismissal,the dismissed worker is entitled to be immediately reintegrated to his/her job. If he/she does not wish to be reinstated or if reinstatement is not possible, he/she will be awarded compensation. In both cases, the worker will receive back pay within a limit of 6 monthsu2019 base salaries for big companies, 4 monthsu2019 base salaries for medium companies and 2 monthsu2019 base salaries for small and micro companies (art. 209 and 215 (4) GLA).<br/><br/>- Article 215 provides that judicial reinstatement can be pursued in case the dismissal happened for i) the worker did not agree woth reduction or change of work location; ii) the criteria of preference for job maintenance has been violated.<br/><br/>- Collective dismissals:<br/>In the event a collective dismissal is declared unlawful, the employer must reinstate the employee, unless reinstatement is not possible or the employee does not wish to be reinstated. In addition, the employee shall receive back pay from the date of the dismissal until the date of the court&apos;s decision (art. 223 (1) GLA).<br/> Y
Y u2022The GLA provides for preliminary mandatory mediation of individual and collective labour disputes (art. 274 GLA). Conciliation is conducted by the General Labour Inspectorate (art. 275 GLA). After receiving the mediation request, the General Labour Inspectorate will summon the parties within 10 days. Within 10 days after the mediation takes place, the General Labour Inspectorate will present a settlement proposal to the parties (art. 277 GLA).<br/>u2022The GLA also provides for a tentative conciliation procedure before the judge (art. 283 GLA).<br/> Y
Y u2022 Voluntary arbitration is available to the parties (art. 293 GLA). Y
Y Labour Courts have jurisdiction over all kind of labour disputes: art. 307 GLA. N N N N N N
2018 Antigua and Barbuda Americas Y
Y See sec. B12 LC, as amended by sec. 6 of LCA: In an unfair dismissal or suspension without pay matter, a decisional officer may order the payment of a sum of money equal to loss of wages sustained and, in addition thereto he may also order the re-instatement or restoration of the person dismissed or suspended, <b>or the payment of a sum of money in lieu of such reinstatement</b>&quot; Y
Y See sec. B12 LC as amended by sec. 6 LCA. Y
Y Complaints of unfair dismissals shall be first brought to the Labour Commissioner who shall seek to settle the matter by voluntary adjustment or settlement within 10 days. Conciliation or mediation may be used for those purposes (see sec. C60, C61 together with sec. B5 LC).<br/>Failing to achieve voluntary adjustment or settlement, he shall transmit the matter to the Minister in charge of Labour who shall also himself attempt to achieve voluntary adjustment or settlement of the matter by taking whatever steps he deems appropriate.(sec. C62 together with sec. B6 LC) If these attempts do not yield any results, the Minister shall take a number of steps available to him (sec. B6(2) LC) including referral of the matter to a Hearing officer (sec. C63 LC). N Dismissals complaints do not fall within the jurisdiction of the Arbitration Tribunal which is only competent to hear and determine any major trade dispute (sec. B8 LC). [A major dispute is a dispute which has led to an interruption of work which is continuing; or if there is no present interruption of work, may lead to an interruption of work: sec. K13 LC)<br/><br/> N N N N Y
Y The Hearing Officer is competent to hear complaints of unfair dismissal (upon referral by the Minister) and impose appropriate remedies (damages or reinstatement in addition to the payment of loss wages) (see. sec. B12, and C63 LC).<br/><br/>It should be noted that the Industrial Relations Court has jurisdiction over trade disputes (collective disputes) and does not generally have jurisdiction over individual disputes such as disputes concerning dismissal.<br/>However, according to sec. 10 ICA provides that in addition to its jurisdiction, in any dispute concerning the dismissal of an employee, if in the opinion of the Court, an employee has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice, it may order the re-employment or re-instatement of the employee and/or the payment of compensation or damages, or the payment of exemplary damages in lieu of such re-employment or re-instatement.<br/><br/> N N
2018 Argentina Americas N N N N Y
Y Mandatory conciliation is foreseen in Art. 1 of Act 24.635 (Ley Nu00ba 24.635 - Procedimiento laboral. Conciliaciu00f3n obligatoria previa. Modificaciu00f3n de la ley 18.345)<br/><br/>Act available at:<br/>http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/36739/norma.htm<br/> Y
Y Voluntary arbitration is foreseen in Art. 28 of Act 24.635 when mandatory conciliation fails (Ley Nu00ba 24.635 - Procedimiento laboral. Conciliaciu00f3n obligatoria previa. Modificaciu00f3n de la ley 18.345)<br/><br/>Act available at:<br/>http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/36739/norma.htm<br/><br/>See also Article 149ff Ley Nacional de Empleo (Ley 18.435)<br/> N N Y
Y Art. 20, Organization and Procedures of National labour Justice, Act No. 18.345. N N N N
2018 Armenia Europe N N Y
Y Art. 265 LC N N N Y
Y Art. 264 LC N N N N N N
2019 Australia Asia N N See s392 FWA on Remedy - compensation<br/><br/> Y
Y s390 and s391 FWA. <br/>s391 reads as follows:<br/>&quot;Reinstatement<br/>(1) An order for a person&apos;s reinstatement must be an order that the person&apos;s employer at the time of the dismissal reinstate the person by:<br/>(a) reappointing the person to the position in which the person was employed immediately before the dismissal; or<br/>(b) appointing the person to another position on terms and conditions no less favourable than those on which the person was employed immediately before the dismissal.<br/>(1A) If:<br/>(a) the position in which the person was employed immediately before the dismissal is no longer a position with the person&apos;s employer at the time of the dismissal; and<br/>(b) that position, or an equivalent position, is a position with an associated entity of the employer;<br/>the order under subsection (1) may be an order to the associated entity to:<br/>(c) appoint the person to the position in which the person was employed immediately before the dismissal; or<br/>(d) appoint the person to another position on terms and conditions no less favourable than those on which the person was employed immediately before the dismissal [...]&quot; Y
Y After an unfair dismissal application has been lodged, the Fair Work Commission must resort to all means other than arbitration which it considers are likely to resolve the conflict, such mediation, conciliation, making a recommendation or expressing an opinion (sec. 368 FWA). It usually convenes a conciliation conference of the parties which is held by telephone with a conciliator from the Fair Work Commission. Y
Y If the FWC is satisfied that all reasonable attempts to resolve a general protections dismissal application by mediation or conciliation have been or are likely to be unsuccessful and has issued a formal decision regarding this matter, it can, with the approval of both parties, resolve the conflict by arbitration, including by issuing binding orders to reinstate or compensate the applicant, to maintain his or her employment and to pay lost remuneration (sec. 369 FWA). N N Y
Y Unfair dismissal disputes are decided by the Fair Work Commission (which is the national workplace relations tribunal) (sec. 385, 390 FWA)<br/><br/>Note that general protections dismissal applications (see prohibited grounds) can be brought to the FWC which must deal with the dismissal by mediation or conciliation. If it is satisfied that all reasonable attempts to resolve the dispute by mediation or conciliation have been or are likely to be unsuccessful ,it must issue a decision to refer the dispute to arbitration. If both parties agree, the FWC can then resolve the conflict by arbitration (sec. 369 FWA). Otherwise, the applicant can then make an application to an ordinary court to deal with the matter (Sec 370 FWA).<br/>A person cannot make a general protections dismissal application at the same time as an unfair dismissal application N N N N
2019 Austria Europe Y
Y Y
Y Sec. 105 WCA. No reinstatement as such. However, if the Court finds the dismissal unlawful, it will declare it void and therefore the employment relationship continues.<br/><br/> N N Y
Y Chapter 4 Code of Civil Procedure as amended by the New Arbitration Law 2013 (&quot;Schiedsrechts-u00c4nderungsgesetz&quot;). N N Y
Y Sec. 105(4) WCA and 50 (1) Labour and Social Court Act. N N N N
2019 Azerbaijan Europe Y
Y Art. 290 and 300 LC Y
Y N N Art. 294 LC Y
Y Art. 265 LC Y
Y Art. 296 LC N N N N N N
2019 Bangladesh Asia Y
Y The LA does not specify the powers of the Court with respect to awarding damages. Sec. 33(4) LA refers to the power of the Court to &quot;make such orders as it may deem just and proper&quot;. This includes awarding damages.<br/> Y
Y Sec. 33(5) LA: The Labour court, may amongst other relief, direct reinstatement of the complainant in service, either with or without back wages and convert the order of dismissal, removal or discharge to any other lesser punishment (i.e: suspension, warning, downgrading to a lower post). N N Conciliation is only foreseen for the settlement of industrial disputes (sec. 210 LA).<br/>An industrial dispute is defined as &quot;any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person&quot; (sec. 2(Lxii) LA). An industrial dispute is deemed to exist only if it has been raised by a collective bargaining agent or an employer (sec. 209 LA). N The parties can only resort to arbitration in the event of an industrial dispute (sec. 210 LA) which &quot;means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person&quot; (sec. 2(Lxii) LA) and which is deemed to exist only &quot;if it has been raised by a collective bargaining agent or an employer&quot; (sec. 209 LA). N N Y
Y Note that only workers who have been &quot;discharged&quot;, &quot;dismissed&quot; or &quot;retrenched&quot; (i.e. workers who have been dismissed on grounds of incapacity, misconduct or redundancy) can seek redress for grievance related to dismissal in the courts. <br/>Workers who have been &quot;terminated&quot; by simple notice (with no reason given) cannot challenge such termination in court unless they claim a breach of the requisite requirements (notice and severance pay) or allege that their termination was based on their trade union membership or activity (sec. 33(9) LA).<br/>- The worker must start a grievance procedure by submitting his/her complaint to the employer, in writing within 30 days of being informed the cause of such grievance. The employer has to inquire into the matter and inform the worker of his/her decision in writing within 15 days (sec. 33(1) &(2) LA ). <br/>- If the employer fails to give an answer or if the worker is not satisfied with the employer&apos;s statement, the worker can bring a complaint before the Labour Court within 30 days (sec. 33(3) LA). The Court shall issue a decision within 60 days following the filing of the case (sec. 216(11) LA).<br/>- Appeals against the court&apos;s decision shall be lodged to the Labour Appellate Tribunal within 30 days of the court&apos;s order (sec. 33(6) LA). N N N N
2019 Belgium Europe N N N N Except for workersu2019 representatives on works councils and health, safety and working conditions committees. N N N N N Y
Y Art. 578 of the Judiciary Code N N N N
2019 Bolivia Americas N N Y
Y Articles 10 and 11 of Supreme Decree No. 28699 provides for the possibility for employees to choose between reinstatement or compensation in case of unfair dismissal.<br/>If the employee opts for reinstatement, he/she can request the Labour Authority to issue a reinstatement order, provided that the dismissal is proved to be unjustified. N N Only for collective labour disputes N Only in the case of collective labour dispute N N Y
Y Article 6 of Labour Code Procedure provides that the special jurisdiction of labour and social security is exercised permanently:<br/><br/>a) By the Labour and Social Security Courts, as first instance courts;<br/>b) By the National Labour and Social Security Court, as the Court of Appeal; and<br/>c) By the Supreme Court of Justice in its Social and Administrative Chamber, as Court of Cassation.<br/><br/> N N N N
2018 Botswana Africa Y
Y Y
Y Sec. 24 of the Trade Disputes Act provides for a number of remedies available to an employee in the case of wrongful dismissal. The Industrial Court may order reinstatement of the employee, with or without compensation, or order compensation in lieu of reinstatement (sec. 24(1)).<br/><br/>The Industrial Court shall consider compulsory reinstatement in cases of wrongful dismissals if (a) the termination was found to be unlawful, or motivated on the grounds of gender, trade union membership, trade union activity, the lodging of a complaint or grievance, or religious, tribal or political affiliation or (b) the employment relationship has not irrevocably broken down (Sec. 24(2)).<br/> N N N Sec. 27(3) of the EA. Where a severance benefit is payable in accordance with this section, either the employer or employee may, where there is a dispute as to the amount payable, apply, within such period and in such form and manner as may be prescribed, to the nearest labour officer to determine the amount of the benefit and, where such application is made, the nearest labour officer shall forthwith proceed to determine the amount of the benefit. N N Y
Y Competent court(s) / tribunal(s): Commissioner of Labour and Labour Court<br/><br/>Sec. 7 of the Trade Disputes Act provides for the referral of disputes to the Commissioner of Labour. Sec. 7(2) provides that an employee referring a dispute concerning termination of employment shall refer the dispute within 30 days of the date of such termination.<br/><br/>Sec. 24 of the Trade Disputes Act grants the Industrial Court jurisdiction to hear cases regarding the wrongful termination of contract or disciplinary action. As such, under sec. 24(1), in any case where the Court determines that an employee has been wrongfully dismissed or disciplined, the Court may, subject to its discretion to make any other order which it considers just- <br/>(a) in the case of wrongful dismissal, order reinstatement of the employee, with or without compensation, or order compensation in lieu of reinstatement<br/> N N N N
2019 Brazil Americas N N Y
Y Compensation through the FGTS system is usually the only remedy for unfair dismissal. <br/>However reinstatement is available in the following situation:<br/>* Dismissal of workers who had acquired the right of security of tenure after ten years of service before the adoption of the 1988 Constitution (= those hired before 1978). If a serious offence is not duly established, they shall be reinstated or be awarded compensation if the Court declares that reinstatement is not advisable (art. 495 CLL).<br/>* The same rules apply to those categories of employees enjoying job stability (i.e. pregnant women, member of a trade union board and workers&apos; representatives on the Internal Accident Prevention Commission (CIPA)). If serious reasons for dismissal are not recognized by the Labour Court, they have the right to be reinstated. Y
Y Art 764 CLL: All labour disputes, whether individual or collective, which are referred to a labor court shall be submitted to conciliation proceedings before the labour judges. Y
Y Article 507-A of the CLL (included by the Labor Reform (Law No. 13,467 / 2017) provides that, for employees whose remuneration is more than twice the ceiling of the General Social Security System (RGPS), an arbitration clause may be agreed upon, provided that on their own initiative or expressly agreed, under the terms of Law No. 9.307/1996 (Arbitration Law).<br/>As a result, the arbitration that, according to article 114, u00a7 1, of the Federal Constitution (CFRB), was admitted by the labour courts only in the context of collective bargaining agreements, has now also been accepted in individual employee demands. N N Y
Y Art. 643-645 CLL: disputes arising out of labour and employment relations between employers and workers should be settled by the labour courts. The Superior Labour Court, Regional Labour Courts and Labour Courts of first instance or the courts of ordinary jurisdiction have jurisdiction. <br/>- The competence of Labour Courts was amplified by the Constitutional Amend No 45/2004. In localities which do not fall within the jurisdiction of the conciliation and arbitration boards, the judges of ordinary jurisdiction shall be responsible for the administration of justice in labour matters (art. 668 and 669 CLL). N N N N
2019 Bulgaria Europe N N Art. 225 (1) LC Y
Y Art. 344 (1) LC. Right of the employee to demand reinstatement. N N N Y
Y Art. 344 (4) LC refers to district and regional courts. N N N N N N
2019 Burkina Faso Africa N N Y
Y Art. 70 LC Y
Y Before bringing the dispute to court, the parties have the obligation to resort to extra-judicial conciliation before the Labour Inspector (art. 320 LC). N N N Y
Y Art. 338 LC N N N N
2018 Cambodia Asia Y
Y Art. 94 LC: The amount of damages is fixed by the Court, in light of the local custom, the type and importance of the services rendered, the employee&apos;s seniority and age, any deductions or payments made to a retirement plan, and other circumstances establishing the existence and the extent of the harm incurred. Instead of providing proof of damages in court, the worker can ask for a lump sum payment equal in amount to the indemnity for dismissal (Art. 91 LC).<br/><br/> Y
Y Art. 385 LC N N Preliminary conciliation is only an option for individual disputes.<br/>Art. 300 LC: Prior to any judicial action, an individual dispute can be referred for a preliminary conciliation, at the initiative of one of the parties, to the Labour Inspector of his province or municipality.<br/><br/>However, conciliation is mandatory for collective (interest and rights) disputes : art. 305 LC. Y
Y Settlement by the Arbitration Council is compulsory when conciliation failed for collective disputes (rights and interest): art. 309 LC. <br/>The arbitration council has developed a body of reliable jurisprudence on termination of employment. <br/>http://www.arbitrationcouncil.org/eng_index.htm N N Y
Y See Article 387 LC: Labour courts shall be created that have jurisdiction over the individual disputes occurring between workers and employers regarding the execution of the labour contract or the apprenticeship contract.<br/><br/>However, labour courts have not been established yet. Pending the creation of those Courts, ordinary courts have jurisdiction over labour disputes pursuant to art. 389 LC.<br/> N N N N
2019 Cameroon Africa N N Art. 39 (4) LC reads as follows:<br/>&quot;... 4) Le montant des dommages-intu00e9ru00eats est fixu00e9 compte-tenu, en gu00e9nu00e9ral, de tous les u00e9lu00e9ments qui peuvent justifier lu2019existence et du00e9terminer lu2019u00e9tendue du pru00e9judice causu00e9 et notamment :a) lorsque la responsabilitu00e9 incombe au travailleur, de son niveau de qualification et de lu2019emploi occupu00e9 ; b) lorsque la responsabilitu00e9 incombe u00e0 lu2019employeur, de la nature des services engagu00e9s, de lu2019anciennetu00e9 des services, de lu2019u00e2ge du travailleur et des droits u00e0 quelque titre que ce soit. Toutefois, le montant des dommages-intu00e9ru00eats, sans excu00e9der un mois de salaire par annu00e9e du2019anciennetu00e9 dans lu2019entreprise, ne peut u00eatre infu00e9rieur u00e0 trois mois de salaire. (...)&quot;.<br/><br/>Art. 39 (5) LC reads as follows:<br/>&quot;...5) En cas de licenciement lu00e9gitime du2019un travailleur survenu sans observation par lu2019employeur des formalitu00e9s pru00e9vues, le montant des dommages-intu00e9ru00eats ne peut excu00e9der un mois de salaire.&quot;<br/> N N Except for workers&apos; representatives: Art. 130 (4) LC. Y
Y Preliminary mandatory extra-judicial conciliation before the Labour Inspector (art. 139 LC). N N N Y
Y Art. 131 and 133 LC N N N N
2012 Canada (Federal only) Americas N N Sec. 242(4)a) CLC (see below). Y
Y Sec. 242(4)b) CLC. Y
Y Sec. 241(2) CLC: on receipt of a complaint of unjust dismissal, the inspector shall endeavour to assist the parties to settle the<br/>complaint or cause another inspector to do so. Y
Y Arbitration is the ordinary way of settling unjust dismissal cases.<br/>- Only employees who have completed 12 consecutive months of continuous employment with the same employer, and who are not members of a group of employees subject to a collective agreement, are entitled to make a complaint for unjust dismissal (sec. 240 CLC)<br/>- Unjust dismissals complaints shall be first submitted to an inspector within 90 days from the date of dismissal. The inspector shall first attempt to conciliate the parties. If conciliation fails, the inspector informs the Minister of Labour who then refers the complaint to an arbitrator (adjudicator) appointed by him for decision (sec. 240(2), 241(3), 242 CLC)<br/>Every order of an adjudicator is final and shall not be questioned or reviewed in any court. (sec. 243(1) CLC) N N N N N N N N
2019 Central African Republic Africa Y
Y Art. 156 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee&apos;s seniority and age, any deductions or payments made to a retirement plan, and other established rights.<br/> Y
Y Art. 144 (2) LC: Reinstatement is the primary remedy in the event of unjustified dismissal.<br/>Art. 144 LC reads as follows: &quot;Les licenciements prononcu00e9s par lu2019employeur dont les motifs ne sont pas ru00e9els et su00e9rieux ne sont nuls et de nul effet. En cas de licenciement injustifiu00e9, si lu2019annulation de celui-ci et ou la ru00e9intu00e9gration du travailleur ne sont pas possibles, lu2019employeur est tenu de verser au travailleur en sus des droits lu00e9gaux, des dommages- intu00e9ru00eats.&quot; Y
Y Art. 346 LC: preliminary conciliation N No arbitration for individual disputes. <br/>Arbitration can only be used for the settlement of collective labour disputes (art. 380 to 396 LC). N N Y
Y Art. 354 LC: Labour tribunals (Tribunaux du Travail) have jurisdiction over individual labour disputes arising from the employment contract, labour conditions, hygiene and safety conditions, social security regime. N N N N
2019 Chile Americas N N Y
Y There is no general right to reinstatement following unfair dismissal.<br/>However reinstatement is available to the worker in the event of discriminatory dismissal (that is dismissal based on: race, colour, sex, age, marital status, union association, religion, politic beliefs, nationality and social origin) and which is declared serious by the court: see art. 489 LC.<br/>Similarly, if a worker who is not protected under the &quot;fuero laboral&quot; is dismissed as the result of anti-union or unfair labour practices, he or she can opt for reinstatement (art. 294 LC). Y
Y - Judicial conciliation is part of the procedure before the labour jurisdiction: art. 453 2) LC.<br/>- Small claims proceedings (procedimiento monitorio) = value not exceeding 10 months&apos; wages: mandatory extra-judicial conciliation before the Labour Inspectorate (art. 497 LC)<br/> N N N Y
Y Art. 420 a) LC: &apos;Juzgados de Letras del Trabajo&apos; N N N N
2017 China Asia N N Y
Y Art. 48 ECL. N N See art. 79 LL and art. 5 Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008) <br/>Art. 79 LL does not provide for preliminary mandatory conciliation, but only gives the parties the option to turn to a mediation and/or arbitration committee before going to Court.<br/>The new Labour Dispute Mediation and Arbitration Law regulates labour disputes settlement. (See text: http://www.lawinfochina.com/display.aspx?id=6584&lib=law)<br/><br/>See secondary sources:<br/>http://www.dwt.com/LearningCenter/Advisories?find=22301 Y
Y Arbitration is mandatory in the event of an individual labour disputes. Art. 79 LL, see also art. 5 and 50 of the Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008).<br/> <br/> Y
Y <u>Arbitration is mandatory in the event of an individual labour dispute.</u> <br/>The parties <b>can only go to court, if they do not agree with the arbitration outcome</b>, within 15 days from the date the award is communicated. See art. 5 and 50 of the Labor Dispute Mediation and Arbitration Law.<br/> N N N N N N
2019 Colombia Americas N N Y
Y Articles 408 of Labour Code provides that the workers protected by the trade union activities, according to articles 405 and 406 of Labour Code, who have been dismissed without just cause previously qualified by the labour judge can be reinstated by judicial decision. N N There is no obligation to try a conciliation before the proceedings, however article 19 of Code of Labour Procedures provides conciliation may be attempted at any time, before or after the claim is filed. Y
Y Articles 130 and 131 of Code of Labour Procedures permit the resolution of individual and collective labour conflicts through arbitration, provided that the arbitration clause must always be recorded in writing, either in the individual contract, in the union contract, in the collective agreement, or in any other document subsequently issued. Y
Y According to Article 2 of Labour Procedure Code, the Ordinary Jurisdiction, in its labor and social security specialties, is competent to handle: <br/><br/>1. Legal conflicts that originate directly or indirectly in the employment contract.<br/>2. Actions on union jurisdiction, whatever the nature of the employment relationship.<br/>3. The suspension, dissolution, liquidation of unions and the cancellation of union registration.<br/>4. Disputes related to the provision of social security services that arise between affiliates, beneficiaries or users, employers and administering entities, except those of medical responsibility and those related to contracts<br/><br/> <br/> N N N N N N
2019 Comoros Africa Y
Y Article 44 of the Labour Code Y
Y Article 44 of the Labour Code: reinstatement shall be the primary remedy. Y
Y Article 47 of the Labour Code (former art.49): 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 an amicable settlement including reinstatement.<br/><br/>Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal. N N N Y
Y Articles 44 and 212 of the Labour Code (former art.46 and 192). N N N N
2019 Congo, Democratic Republic Africa N N Art. 63 LC. Y
Y Art. 63 LC. Y
Y Mandatory preliminary extra judicial conciliation before the Labour Inspector: Art. 300 LC and Art. 25 of the Act No. 016/2002 on the establishment, organization, and functioning of Labour Tribunals. N N N Y
Y Art. 63 LC. N N N N
2019 Costa Rica Americas Y
Y Art. 82 Labour Code provides that if a termination based on valid grounds is challenged in court and the employer fails prove the cause that founded the worker&apos;s dismissal, the worker shall have the right to be paid the amount of the prior notice, the unemployment assistance that may correspond, and, as well, severance pay and wages that would be received due to the termination of the contract until the date in which, in accordance with the legal terms to process and resolve, the conviction against the employer should have been final. The judge might also determine the payment of compensation for damages.<br/> Y
Y The reinstatement of the worker proceeds only when requested at the judicial level and when it is demonstrated that the worker has been unjustifiably dismissed for discriminatory reasons or in cases in which the worker has a special protection against dismissal, the employer did not process and did not obtain the corresponding judicial or administrative authorization prior to the application of the disciplinary dismissal.<br/>Additionally, the worker may request that the employer be ordered to pay wages as long as he is not reinstated in his job.<br/> N N Y
Y Art. 218 Labour Code: The Labour Tribunals and/or The Conciliation and Decision Boards (junta de conciliaciu00f3n y decisiu00f3n,) have jurisdiction over claims of unfair dismissal. The &quot;juntas de conciliaciu00f3n y decisiu00f3n&quot; which are tripartite bodies and are integrated into the &quot;Jurisdiccion Laboral&quot;.<br/>The worker can submit their differences to an arbitration in administrative headquarters before the Ministry of Labor and Social Security or in judicial headquarters before the labour courts and in the Centers for Alternate Conflict Resolution, which are private centers duly registered with the Ministry of Justice (Law on Alternate Resolution of Conflicts and Promotion of Social Peace, Law No. 7727 of December 9, 1997 and art. 456 LC).<br/> N N Y
Y Article 430 of Labour Code N N N N
2019 Côte d'Ivoire Africa N N L&apos;article 18.15 du Code du travail dispose que &quot;toute rupture abusive du contrat donne lieu u00e0 des dommages et intu00e9ru00eats. (...) b) lorsque la responsabilitu00e9 incombe u00e0 l&apos;employeur, le montant des dommages et intu00e9ru00eats u00e9quivalant u00e0 un mois de salaire brut par annu00e9e d&apos;anciennetu00e9 dans l&apos;entreprise ne peut u00eatre infu00e9rieur u00e0 3 mois de salaire ni excu00e9der 20 mois de salaire brut&quot;. (...)<br/>____________<br/>In English:<br/>Art. 18.15 LC provides that &quot;any abusive breach of contract shall give rise to damages. (...) b) where the employer is liable, the amount of damages equivalent to one month&apos;s gross salary per year of service in the company may not be less than 3 months&apos; salary or more than 20 months&apos; gross salary. (...) N N Toutefois.<br/>L&apos;article 61.9 du Code du travail pru00e9voit le droit u00e0 la ru00e9intu00e9gration pour le licenciement du du00e9lu00e9guu00e9 du personnel dans certaines circonstances. <br/>L&apos;article 6 du Code du travail dispose que &quot;tout licenciement motivu00e9 par l&apos;action en justice pour faire respecter les principes et droits fondamentaux au travail est nul et de nul effet. La ru00e9intu00e9gration du salariu00e9 licenciu00e9 au mu00e9pris de cette interdiction est de droit. (...)&quot;<br/>_________<br/>In English:<br/>However:<br/>Art. 61.9 LC provides for the right to reinstatement in the case of workers&apos; representatives&apos; dismissals in certain circumstances. <br/>Art. 6 LC provides that &quot;any dismissal on the ground of legal action aiming at enforcing fundamental principles and rights at work shall be null and void. The reinstatement of the dismissed employee in breach of this prohibition shall be automatic. (...)&quot; Y
Y Aux termes de l&apos;article 81.23 du Code du travail, &quot;lorsque les parties comparaissent devant le tribunal du travail, il est procu00e9du00e9 u00e0 une tentative de conciliation&quot;.<br/>Par ailleurs, l&apos;article 81.2 du Code du Travail dispose que &quot;tout diffu00e9rend individuel du travail est soumis, avant toute saisine du tribunal du travail, u00e0 l&apos;inspecteur du travail et des lois sociales pour tentative de ru00e8glement amiable&quot;.<br/>_________________<br/>In English:<br/>Art. 81.23 LC: conciliation shall be part of the procedure before the labour court.<br/>Note also that the individual labour dispute can be brought to the Labour Inspector for extra-judicial conciliation (Art. 81.2 LC) N N N Y
Y Art. 81.8 LC et seq N N N N
2013 Cuba Americas N N N N Although there are categories of workers enjoying special protection against unfair dismissal, there is no statutory provision concerning reinstatement. N N N Although it is not formally called arbitration, the Labour Councils can play the same role. According to articles 11, 12 and 23 of Law 8/1977, the Labour Councils handle the conflicts that may arise between workers, or between them and the state administrations, regarding the recognition, granting or claiming of rights and the fulfillment of obligations arising from labor legislation; short-term social security applications and claims; and the application of disciplinary measures of labour order. The submission of the claim to Labour Councils is mandatory before the subsmission to an ordinary court (popular municipal courts). In this sense, the Labour Council will carry out procedures to handle the case and will dictate the resolution.<br/>The resolution of the Council will briefly record the facts and grounds on which it is based and the corresponding decision. If any of the parties expresses its disagreement with the resolution of the Council, it has the right to go to the Municipal People&apos;s Court.<br/>However, if the parties agree with the resolution, it becomes binding and its enforcement might be object of special claim to the ordinary courts.<br/> Y
Y Article 250 of Labour Code provides that the labour disputes are submitted to the following bodies:<br/> a) the labour councils, formed in the terms of Law 8/1977;<br/> b) the popular courts of the Judicial System.<br/><br/>According to articles 11, 12 and 23 of Law 8/1977, the Labour Councils handle the conflicts that may arise between workers, or between them and the state administrations, regarding the recognition, granting or claiming of rights and the fulfillment of obligations arising from labor legislation; short-term social security applications and claims; and the application of disciplinary measures of labour order. The submission of the claim to Labour Councils is mandatory before the subsmission to an ordinary court (popular municipal courts). In this sense, the Labour Council will carry out procedures to handle the case and will dictate the resolution.<br/>The resolution of the Council will briefly record the facts and grounds on which it is based and the corresponding decision. If any of the parties expresses its disagreement with the resolution of the Council, it has the right to go to the Municipal People&apos;s Court.<br/><br/>According to article 254 of Labour Code and article 702 of Law on Civil, Administrative and Labour Procedure, the popular municipal courts know about:<br/> a) workers&apos; claims about the rights and the fulfillment of the obligations emanating from labour and social security legislation in the short term, including maternity, when one of the parties shows its disagreement with the resolution of the work council;<br/> b) Workers&apos; claims for non-conformity with the application of disciplinary measures and the consequent compensation for damages when these are modified, due to the exemption or other less severe measure being provided, except in the case of disciplinary conflicts subject to special procedures. ;<br/> c) the claims of workers hired in the private and cooperative sectors about their labour rights and requests from their administrations about the application of disciplinary measures.<br/><br/><br/> N N Y
Y Article 250 of Labour Code provides that the labour disputes are submitted to the following bodies:<br/> a) the labour councils, formed in the terms of Law 8/1977;<br/> b) the popular courts of the Judicial System.<br/><br/>According to articles 11, 12 and 23 of Law 8/1977, the Labour Councils handle the conflicts that may arise between workers, or between them and the state administrations, regarding the recognition, granting or claiming of rights and the fulfillment of obligations arising from labor legislation; short-term social security applications and claims; and the application of disciplinary measures of labour order. The submission of the claim to Labour Councils is mandatory before the subsmission to an ordinary court (popular municipal courts). In this sense, the Labour Council will carry out procedures to handle the case and will dictate the resolution.<br/>The resolution of the Council will briefly record the facts and grounds on which it is based and the corresponding decision. If any of the parties expresses its disagreement with the resolution of the Council, it has the right to go to the Municipal People&apos;s Court.<br/><br/>According to article 254 of Labour Code and article 702 of Law on Civil, Administrative and Labour Procedure, the popular municipal courts know about:<br/> a) workers&apos; claims about the rights and the fulfillment of the obligations emanating from labour and social security legislation in the short term, including maternity, when one of the parties shows its disagreement with the resolution of the work council;<br/> b) Workers&apos; claims for non-conformity with the application of disciplinary measures and the consequent compensation for damages when these are modified, due to the exemption or other less severe measure being provided, except in the case of disciplinary conflicts subject to special procedures. ;<br/> c) the claims of workers hired in the private and cooperative sectors about their labour rights and requests from their administrations about the application of disciplinary measures.<br/><br/><br/> N N
2019 Cyprus Europe N N Y
Y Article 3 (1) TEA. N N No statutory provision in the legislation reviewed / no information in the secondary sources. N No statutory provision in the legislation reviewed / no information in the secondary sources. Y
Y Sec. 2 and 3 TEA.<br/>The Industrial Dispute Court has jurisdiction over cases of unfair dismissals (Proceedings must be initiated within 1 year from the date of dismissal).<br/>Alternatively, the employee may institute proceedings before the civil courts for breach of the employment contract (wrongful dismissal). They must be initiated within six years following the date of termination of employment.<br/> Y
Y Sec. 2 and 3 TEA.<br/>The Industrial Dispute Court has jurisdiction over cases of unfair dismissals (Proceedings must be initiated within 1 year from the date of dismissal).<br/>Alternatively, the employee may institute proceedings before the civil courts for breach of the employment contract (wrongful dismissal). They must be initiated within six years following the date of termination of employment.<br/> N N N N
2019 Czechia Europe Y
Y Sec. 69 (1) LC Y
Y Sec. 69 (1) LC.<br/>As a consequence of a court&apos;s decision of the invalidity of termination of the employment relationship by the employer, continuation of that relationship is the rule, unless the employee has no interest in further continuation. N N N Y
Y Sec. 72 LC refers to the competent Court. No labour courts in the Czechia. N N N N N N
2017 Denmark Europe N N Sec. 2b (1), (2) ESEA Y
Y No provision on reinstatement in the ESEA.<br/>However the General Agreement, 1973 concluded by the Danish Employers&apos; Confederation and the Danish Confederation of Trade Unions provides for reinstatement.<br/><br/>See also: OECD employment protection legislation database, 2013, Denmark: &quot;reinstatement orders are possible but rare&quot; (available at: www.oecd.org/els/emp/oecdindicatorsofemploymentprotection.htm). Y
Y Case management in the Danish Labour Court<br/>by Managing Judge Ju00f8rn Andersen, Head of Secretariate, 19.9.04, available at:<br/>hwww.ilo.org/wcmsp5/groups/public/---ed_dialogue/---dialogue/documents/meetingdocument/wcms_160035.pdf<br/><br/>Summary of the Danish Labour Court and Labour administration system, available at:<br/>http://www.arbejdsretten.dk/generelt/labour-court.aspx<br/> Y
Y Regulated by Arbitration Act No. 553 of 24 June 2005 as last amended in 2008. Y
Y The Labour Courts have jurisdiction over cases involving workers covered by a collective agreement whereas ordinary Courts have jurisdiction over dismissal disputes involving those not covered by a collective agreement.<br/><br/>In addition, special dismissal bodies have been set up by social partners for unfair dismissal cases for parties to collective agreements. Their decision can be appealed to ordinary courts. <br/>See Danielle Venn (2009), &quot;Legislation, collective bargaining and enforcement: Updating the OECD employment protection indicators&quot;, p. 30. Available at: http://www.oecd-ilibrary.org/social-issues-migration-health/legislation-collective-bargaining-and-enforcement_223334316804 Y
Y The Labour Courts have jurisdiction over cases involving workers covered by a collective agreement whereas ordinary Courts have jurisdiction over dismissal disputes involving those not covered by a collective agreement.<br/><br/>In addition, special dismissal bodies have been set up by social partners for unfair dismissal cases for parties to collective agreements. Their decision can be appealed to ordinary courts. <br/>See Danielle Venn (2009), &quot;Legislation, collective bargaining and enforcement: Updating the OECD employment protection indicators&quot;, p. 30. Available at: http://www.oecd-ilibrary.org/social-issues-migration-health/legislation-collective-bargaining-and-enforcement_223334316804 N N N N
2019 Ecuador Americas N N Y
Y Although article 14 of Labour Code provides job stability for employees during the first year of employment, there is no provision of reinstatement in the case of unfair dismissal. In case of dismissal with just cause, if the Labour Inspector rejects the request for prior approval (u201cvisto buenou201d), an order of reinstatement might be issued. If theit ill have to pay indemnities corresponding to unfair dismissal, according to article 622. <br/>For all the situations in which there is a special protection against dismissals to the workers, reinstatement is possible, but the employer might choose to pay the corresponding compensation instead. Y
Y According to article 576 of Labour Code - Preliminary conciliation hearing. Once the demand has been presented and within two days after its reception in court, the judge will classify the demand, order that the defendant be summoned, giving him a copy of the demand and summon the parties to the preliminary hearing of conciliation, answer to the demand and formulation of evidence, previously verifying that the summons has been complied with, a hearing that will be held within twenty days from the date the demand was qualified. In this preliminary hearing, the judge will seek an agreement between the parties that, if it occurs, will be approved by the judge in the same act by means of a judgment that will be enforceable. If conciliation is not possible, at this hearing the defendant will answer the demand. Without prejudice to his oral presentation, the defendant must present his answer in written form.<br/><br/> Y
Y According to article 188 of Labour Code, monetary compensation respective to termination of employment might be increased if parties decide to reach an agreement before Arbitration Tribunals.<br/> N N Y
Y According to Art. 568 of Labour Code - Jurisdiction and jurisdiction of labor judges.- Labour judges exercise provincial jurisdiction and have exclusive jurisdiction to hear and resolve individual conflicts arising from employment relationships, and which are not subject to the decision of another authority. N N N N
2017 Egypt Africa N N See art. 122 LC. Y
Y Reinstatement is only available in the following cases:<br/>- If the Labour Court rejects the employer&apos;s request to dismiss an employee on disciplinary grounds (listed in art. 69 LL), it will order the employer to reinstate the worker and pay him back wages. However, if the employer does not follow the court&apos;s decision, the dismissal is deemed as an unjustified dismissal and the worker is allowed financial compensation as provided in art. 122 LL (art. 71 LL, as amended in 2008).<br/>- If the court considers that the employer requests the dismissal of a worker because of his or her trade union activities, it will order the employer to reinstate the worker if so requested by the worker (art. 71 LL, as amended in 2008).<br/><br/>In any other cases, unjustified termination by employer will only give right to compensation (art. 122 LL).<br/><br/> Y
Y If an individual dispute on the application of the LL arises, it shall first be brought to tripartite body (consisting in representatives of the competent administrative administration, of the employer and of the trade union) for amicable settlement. N No provision found in the legislation reviewed. N N Y
Y See art. 70 and 71 LL as amended in 2008. Since 2008, the Committee in charge of settling individual labour disputes has been replaced by the Labour Court. N N N N
2019 El Salvador Americas N N Art. 58 LC. N N The Labour Code does not provide for the reinstatement of workers who have been unfairly dismissed. Y
Y Only in dismissals that lead to judicial procedure. Art. 385 LC. N Arbitration is only foreseen for the settlement of collective disputes. due to economic or interest reasons. (Art. 480 and 500-514 LC).<br/><br/>Note that art. 24 Conciliation, Mediation and Arbitration Act excludes labour disputes from its scope of application. N N Y
Y Art. 369 LC - &quot;los jueces laborales&quot; in first instance and &quot;las Cámaras de lo Laboral&quot; in second instance. N N N N
2017 Estonia Europe N N Art. 109 ECA. There are statutory amounts of compensation for unfair dismissal (in lieu of reintegration). However, it is worth noting that such amounts (3 or 6 months&apos; wages depending on the categories of employees - see below) can be modified by the court or the labour dispute committee. Y
Y Art. 107 ECA: If the court or the labour dispute committee establishes that termination of employment is void due to the absence of a legal basis or the non-conformity with law or nullified due to a conflict with the principle of good faith, it shall be deemed that the employment contract has not been terminated and therefore the employee is entitled to return to work. In such cases, the employee is entitled to the payment of loss wages form the time of the dismissal until the reintegration of his/her former position.<br/> N N art. 3<br/>1) If possible, a disagreement arising from the employment relationship of an <br/>employee and employer is resolved by agreement of the employee and <br/>employer through the mediation of a representative of employees or a directing <br/>body of a union or federation of employees.<br/>2) In order to resolve a disagreement, an employer, in co-ordination with a <br/>representative of employees or a directing body of a union or federation of <br/>employees, may establish a conciliation committee, the membership, competence <br/>and procedures of which are determined by agreement of the employer and the <br/>representative of employees or directing body of a union or federation of employees.<br/>3) Attempts to resolve disagreements by agreement do not deprive the parties of the <br/>right of recourse to labour dispute resolution bodies in order to resolve a labour <br/>dispute.<br/>4) Parties have the right of recourse to a labour dispute resolution body without the <br/>mediation of a representative of employees or a directing body of a union or <br/>federation of employees if they find that a labour dispute cannot be resolved by <br/>agreement.<br/>Settling of N Y
Y There are no specialized labour courts in Estonia. All labour disputes lie within the jurisdiction of general courts. Disputes relating to termination of employment shall be heard by the court or a labour dispute committee (arts. 105-109 ECA).<br/>Labour dispute committees are independent, extra-judicial individual labour dispute resolution bodies which are established within the local branches of the Labour Inspectorate. They are composed of three members: the chairperson of the labour dispute committee and representatives of employees and employers (arts. 10-11 ILDRA) N N Y
Y There are no specialized labour courts in Estonia. All labour disputes lie within the jurisdiction of general courts. Disputes relating to termination of employment shall be heard by the court or a labour dispute committee (arts. 105-109 ECA).<br/>Labour dispute committees are independent, extra-judicial individual labour dispute resolution bodies which are established within the local branches of the Labour Inspectorate. They are composed of three members: the chairperson of the labour dispute committee and representatives of employees and employers (arts. 10-11 ILDRA) N N
2013 Ethiopia Africa N N Art. 43(4) LP. Y
Y Art. 43 LP.<br/>Reinstatement is mandatory in case of unfair dismissal. However, when dismissal is unlawful, the court may award compensation in lieu of reinstatement if it believes that the continuation of the employment relationship will give rise to serious difficulties. N N N N N Y
Y The labour division of the regional first instance court has jurisdiction over claims related to termination of employment: art. 138 1) a) LP. N N N N
2019 Finland Europe N N See: sec. 2, chap. 12 ECA. <br/> N N N N No statutory provision found. N No statutory provision found. Y
Y In Finland, individual labour disputes over rights are heard by ordinary courts as apposed to disputes connected with collective agreements which are dealt with by labour courts. (See Act on the Labour Court 646/19974)<br/> N N N N N N
2019 France Europe N N Y
Y Art. L 1235-3 LC :<br/>The judge can propose the employeeu2019s reinstatement in case of unfair dismissal (absence of a serious and genuine cause). Y
Y Art. L 1411-1 LC: conciliation takes place before the conciliation section of the labour court (&quot;Conseil des Prudu2019hommes&quot;).<br/>The Labour Code provides for the possibility to conclude, at the conciliation stage, an agreement on the payment of a flate-rate compensation, the amount of which is to be determined by reference to a scale fixed by decree, based on the employeeu2019s seniority. This compensation is without prejudice to any other compensation due in accordance with the law, a collective agreement or the contract. See art. L 1235-1 LC. N N N Y
Y Art. L 1411-1 LC. <br/>In case of dismissal, if no agreement is reached at the conciliation stage, the dispute may be submitted, with the agreement of the parties, to a restricted chamber (1 employer and 1 worker, instead of 2 each), which must take a decision within 3 months. Art. 1454-1-1 LC.<br/>The rules regarding the competent court are different in case of economic dismissals when the establishment of an employment safeguard plan is mandatory (dismissal of at least 10 employees over a 30-day period in companies with at least 50 employees). Administrative courts (and no longer labour courts) are competent for any dispute regarding the collective agreement or unilateral decision of the employer establishing the employment safeguard plan, as well as the plan itself, the lawfulness of the collective dismissal process and the decision of the administration to approve it. See art. L 1235-7-1 LC.<br/>The statute of limitations is normally set at 2 years on matters related to the execution of the employment contract and 12 months for disputes related to the termination of the employment contract, except in certain limited cases. See art L 1471-1 LC. In the case of an economic dismissal, it is set at 12 months, see art. 1235-7 LC.<br/>Art. L 1134-7 LC provides the possibility of a class action by a trade union in case of discrimination on the same ground against several employees of the same enterprise. Civil courts are competent for such actions. Y
Y Art. L 1411-1 LC. <br/>In case of dismissal, if no agreement is reached at the conciliation stage, the dispute may be submitted, with the agreement of the parties, to a restricted chamber (1 employer and 1 worker, instead of 2 each), which must take a decision within 3 months. Art. 1454-1-1 LC.<br/>The rules regarding the competent court are different in case of economic dismissals when the establishment of an employment safeguard plan is mandatory (dismissal of at least 10 employees over a 30-day period in companies with at least 50 employees). Administrative courts (and no longer labour courts) are competent for any dispute regarding the collective agreement or unilateral decision of the employer establishing the employment safeguard plan, as well as the plan itself, the lawfulness of the collective dismissal process and the decision of the administration to approve it. See art. L 1235-7-1 LC.<br/>The statute of limitations is normally set at 2 years on matters related to the execution of the employment contract and 12 months for disputes related to the termination of the employment contract, except in certain limited cases. See art L 1471-1 LC. In the case of an economic dismissal, it is set at 12 months, see art. 1235-7 LC.<br/>Art. L 1134-7 LC provides the possibility of a class action by a trade union in case of discrimination on the same ground against several employees of the same enterprise. Civil courts are competent for such actions. N N
2019 Gabon Africa Y
Y Art. 75 LC (unfair dismissal).<br/> Y
Y Only for workers&apos; representatives: Art. 294 LC. Reinstatement is not available to workers not falling within this category. Y
Y Art. 314 LC: Extra-judicial conciliation shall take place before the Labour Inspector before the claim is brought to the court. <br/> Art. 334 LC: Preliminary mandatory conciliation is part of the procedure before the Labour Court. N N N Y
Y Art. 318 LC. N N N N
2019 Georgia Europe Y
Y Art. 38.8 LC states that if the court voids the employeru2019s decision for termination of the labour agreement, under the courtu2019s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court. Y
Y Art. 38.8 LC states that If the court voids the employeru2019s decision for termination of the labour agreement, under the courtu2019s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.. N N Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court. Y
Y Article 481 u2013 Review and resolution of collective disputes<br/><br/>1. A collective dispute (dispute between an employer and a group of employees or an employer and an employeesu2019 association) must be resolved under conciliation procedures between the parties. This implies direct negotiations between an employer and a group of employees (at least 20 employees) or an employer and an employeesu2019 association, or mediation, if one of the parties has sent a written notification to the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health, and Social Affairs of Georgia (u2018the Ministeru2019).<br/>2. A party shall notify the other party in writing about initiating conciliation procedures. The notification must specify the reason for arising the dispute and claims of the party.<br/>3. For reaching agreement at any stage of negotiations, a party may apply to the Minister in writing for appointing a dispute mediator for initiating mediation. The written notification shall be delivered to the other party to the dispute on the same day.<br/>4. Based on the received written notification under paragraph 3 of this article, the Minister shall appoint a dispute mediator according to the procedure for reviewing and resolving collective disputes under conciliation procedures approved by a normative act of the Government of Georgia. In the case of high public interest, the Minister may appoint a dispute mediator at any stage of the dispute without written application of a party. The fact of appointment shall be notified in writing to the parties involved.<br/>5. The Minister may make a decision at any stage of the dispute to terminate conciliation procedures.<br/>6. Parties shall be obliged to participate in conciliation procedures and attend meetings held by the dispute mediator for that purpose.<br/>7. If the Minister so requests, the dispute mediator shall be obliged to send him/her a report on the dispute.<br/>8. Parties may agree at any stage of a dispute to refer the dispute to arbitration.<br/>9. A dispute mediator shall be obliged not to disclose the information or the document he/she becomes aware of as a dispute mediator. Y
Y Ordinary courts have jurisdiction over individual labour disputes. N N N N N N
2017 Germany Europe N N Sec. 10 PADA Y
Y If the Court finds that the dismissal lacks social justification, it will declare it void and therefore the employment relationship continues. However, it can be dissolved upon request of either party when continuation of employment is no longer tolerable. In such cases, the Court will award compensation (sec. 9 PADA). Y
Y Sec. 54 (1) PADA: preliminary conciliation before the Labour Court should take place within two weeks after the application has been filed. N N N Y
Y Sec. 4 PADA and sec. 2 of the Federal Labour Court Act , 1953 (as last amended in 2013). N N N N
2020 Ghana Africa Y
Y Art. 64 (2) c) LA. Y
Y Art. 64 (2) LA provides that the court may (a) order the employer to re-instate the worker from the date of the termination of employment; or (b) order the employer to re-employ the worker, either in the work for which the worker was employed before the termination or in other reasonably suitable work on the same terms and conditions enjoyed by the worker before the termination.<br/>Art. 14(3) WA provides that the Commission on Human Rights and Administrative Justice may order the reinstatement of an employee that has been unfairly dismissed by an employer in retaliation to whistleblowing.<br/> N N Y
Y Mediation: art. 154 LA.<br/>Arbitration: art. 157 LA. N N Y
Y Art. 64 LA. <br/>The competent body is the National Labour Commission. It shall exercise adjudicating and dispute settlement functions in complete independence (art. 138 LA). Moreover, in settling an industrial dispute, the Commission shall have the same enforcing powers as the High Court and enjoy the same privileges and immunities in regard to its proceedings (art. 139 LA).<br/>Art, 13(1) WA: “A whistleblower who honestly and reasonably believes that that whistleblower has been subjected to victimisation or learns of a likely subjection to victimisation because a disclosure has been made, may in the first instance make a complaint to the Commission on Human Rights and Administrative Justice”. <br/> N N N N
2019 Greece Europe N N Y
Y As indicated above, reinstatement is the primary remedy for unfair dismissal. N N No preliminary mandatory conciliation.<br/><br/>&quot;Articles 208 to 214 in Chapter One of the Code of Civil Procedure deal with the attempt at conciliation which may precede the filing of a lawsuit, although the mechanism is rarely used.<br/>According to the Code of Civil Procedure, in the case of individual labour disputes arbitration is forbidden. However, before the parties concerned bring the case before the courts, there is an opportunity for the Labour Inspectorate to intervene in an attempt to reconcile the worker and employer. The Labour Inspectorate may intervene in individual labour disputes following a written application/complaint made by the applicant to the Labour Inspectorate, which then convokes a tripartite meeting (Labour Inspectorate, employee and employer), during which the subject of the dispute is discussed, along with means of resolving it.&quot;<br/>See: Sofia Lampousaki, &quot;Greece: Individual disputes at the workplace - alternative disputes resolution&quot;, Feb. 2010, available at the following:<br/>http://www.eurofound.europa.eu/eiro/studies/tn0910039s/gr0910039q.htm<br/><br/> N Y
Y Complaints regarding the nullity of the dismissal shall be brought to the ordinary court within 3 months form the date to the dismissal (art. 6(1) of Act No. 3198/1955).Claimants must be heard within at most 60 days and cases must be settled by the courts after a maximum of 90 days after their submission to court, art. 621(3) Civil Procedure Code.<br/>Alternatively, if the employee decides to lodge a complaint to obtain severance pay, he/she shall do so within 6 months of the dismissal (art. 6(1) of Act No. 3198/1955).<br/><br/> N N N N N N
2019 Guatemala Americas N N Article 78 of Labour Code provides that the termination of the employment contract according to one or more of the causes listed in the preceding Article77, takes effect as soon as the employer communicates it in writing to the worker indicating the cause of the dismissal and the worker effectively ceases his work, but the worker has the right to challenge the employer before the Labor and Social Security Courts, before the statute of limitations expires, in order to prove the just cause on which the dismissal was founded. If the employer does not prove this cause, it must pay the worker:<br/>a) The indemnities that according to this Code may correspond to severance pay; and<br/>b) As damages, the wages that the worker has ceased to receive from the time of dismissal until the payment of the respective compensation, up to a maximum of twelve (12) months of salary and court costs. Y
Y Although there is no statutory provision for reinstatement, the worker may request reinstatement at the judicial level and when it is demonstrated that the workers have a special protection jurisdiction (arts. 151 subsection C, 209, 223 (d) and 380 of Labour Code) or if the employer did not obtain the corresponding judicial or administrative authorization prior to the application of the disciplinary dismissal. Y
Y The arts. 340 and 341 LC provide a conciliation stage between the filing of the claim and counterclaim and during the stage of trial hearing. <br/>If the conciliation is partial, the trial will continue regarding the requests not included in the agreement.<br/> N Decree 67/95 Arbitration Law, in its art. 3 subsection 4, excludes the possibility of submitting labour matters to an arbitration process. However, in social economic collective conflicts, arbitration is permitted in accordance with the provisions of arts. 397 and following of the Labour Code. N N Y
Y Art. 283 of Labour Code provides that conflicts related to Labour and Social Security are subject to the exclusive jurisdiction of the Labour and Social Security Courts, who are responsible for judging and executing the judged. N N N N
2019 Honduras Americas N N Article 113 provides the possibility of challenge the reasons of fair dismissal in a Labour Court. If the employer does not prove this cause, the worker is entitled to the respective severance pay, as well as damages and the wages that the worker would have received from the termination of the contract until the date a judicial decision determines the end of the contract. Moreover, the worker can request the reinstatement, at least on equal terms. Y
Y Art. 113 LC. Reinstatement is available is lieu of compensation for unfair dismissal if the employer fails to prove the existence of one of the just causes listed in art. 112 LC. Y
Y Art. 750 LC: preliminary conciliation is carried out by labour judge. N N N Y
Y Arts. 666, 679 LC.<br/>First instance judges are the &quot;Juzgados de Letras del Trabajo&quot;.<br/>Appeals are heard by the &quot;Cortes de Apelaciones del Trabajo&quot;. N N N N
2019 Hungary Europe N N Sections 82 and 83 LC<br/><br/>The employer shall be liable to provide compensation for damages resulting from the wrongful termination of an employment relationship. In addition, the employee is entitled to severance pay as well, if: a) his employment relationship was wrongfully terminated by means other than notice; or b) he did not receive any severance pay at the time his employment relationship was terminated.<br/><br/>In lieu of Subsections compensation described above, the employee may demand payment equal to the sum of his monthly pay due for the notice period when his employment is terminated by the employer.<br/><br/>At the employeeu2019s request the court shall reinstate the employment relationship:<br/>a) if it was terminated in violation of the principle of equal treatment;<br/>b) if it was terminated in violation of statutory protection against dismissals concerning specific workersu2019 groups; (...)<br/>e) if the employee successfully challenged the termination of the employment relationship by mutual consent or his own legal statement therefor.<br/><br/>As regards entitlements arising after the employment relationship was reinstated in connection with the duration of employment, the time between the termination (cessation) of the employment relationship and the day of reinstatement shall be regarded as time spent in employment. The employee shall be compensated for any lost wages, other benefits and for damages in excess thereof. The employeeu2019s absentee pay shall be taken into consideration as lost wages. Y
Y Sec. 83 of the LC, see in detail above. <br/> N N However, the parties can resort to extra-judicial conciliation provided it is so stipulated in a collective or an individual agreement (sec. 288 of the LC). However, such an agreement may have no effect on the time limits for asserting workersu00b4 rights specified in section 287 of the LC. N No statutory provision. Arbitration mechanisms are provided by private entities, and can be used on a voluntary basis. N N Y
Y •Administrative and labour courts have jurisdiction in the first instance over disputes arising from the employment relationship. (Sec. 20(2) of Act CXXX of 2016 on the Code of Civil Procedure). Appeals are heard by tribunals (in every county); revision of final judgements of tribunals are heard by the Kúria (Act CLXI of 2011 on the Organization and Administration of the Courts, sec. 21(1), 24(1)). Y
Y •Administrative and labour courts have jurisdiction in the first instance over disputes arising from the employment relationship. (Sec. 20(2) of Act CXXX of 2016 on the Code of Civil Procedure). Appeals are heard by tribunals (in every county); revision of final judgements of tribunals are heard by the Kúria (Act CLXI of 2011 on the Organization and Administration of the Courts, sec. 21(1), 24(1)). N N
2019 India Asia Y
Y Sec. 11A of the IDA states: <br/>&quot;Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct re-instatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require:<br/>Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter&quot; Y
Y Sec. 11A IDA N N Y
Y Sec. 10A IDA reads as following: <br/><br/>&quot;Voluntary reference of disputes to arbitration-(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.<br/><br/>(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purpose of this Act.]<br/><br/>(2) An arbitration agreement referred to in sub-section (2) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.<br/><br/>(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within &apos;[one month] from the date of the receipt of such copy, publish the same in the Official Gazette.<br/><br/>(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub-section (3), issue a notification in such manner as maybe prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.<br/><br/>(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.<br/><br/>(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.<br/><br/>(5) Nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section.&quot; N N Y
Y Sec. 7 IDA N N N N
2019 Indonesia Asia N N No compensation foreseen in the MA.<br/>A ruling of unfair dismissal entails reinstatement. (see art. 170 MA, also art. 153 (2) on dismissal based on prohibited grounds) Y
Y Art. 153 (2) MA: any termination based on prohibited grounds shall be declared null and void. The employer must then reemploy the affected worker.<br/> Y
Y Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the parties must first attempt to settle their dispute trough bipartite negotiations, and if negotiations fail, through conciliation or mediation before the dispute can go to the Industrial Relations Court. Y
Y Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the Industrial Relation Court is competent if the parties did not reach any agreement through negotiations, conciliation or mediation. N N Y
Y Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the Industrial Relation Court is competent if the parties did not reach any agreement through negotiations, conciliation or mediation. N N N N
2010 Iran, Islamic Republic of Asia N N Y
Y In the case of unlawful dismissal, the worker shall be entitled to apply to the Board of Inquiry within 30 days. If the employer is unable to prove that the dismissal is based on a valid reason, the employer shall be obliged to reinstate the worker in his or her job (sec. 20, LC). Y
Y In the event of a dispute between an employer and a worker, a settlement shall, in the first instance, be sought by direct compromise between the parties (sec. 157 LC). N N N Y
Y Where no compromise can be reached, the dispute may be referred to, examined and settled by the Board of Inquiry (sec. 157, LC). <br/>Note that a worker who is to be dismissed in accordance with the decision of a Board of Inquiry shall be entitled to appeal the decision to the Disputes Board (sec. 158, LC). N N N N
2019 Italy Europe N N Y
Y See point above. Y
Y Conciliation is optional. However, depending on the hiring date and the kind of dismissal at stake, there are some rules that try to promote conciliation.<br/><br/>For those <b>employees hired prior to 7 March 2015 and subject to Article 18 of the Workersu2019 Statute:</b><br/>pursuant to Article 7 of Law 604 of 1966 as amended by Article 1(40) of Law No. 92 of 2012, employers having more than 15 employees in the same work unit or borough (comune), or more than 60 overall, have to notify public bodies (Direzione Territoriale del Lavoro) when a dismissal for justified objective reason is envisaged, in order to attempt an amicable settlement between the parties. This does not apply to dismissal connected to absence for work because of illness or injury or to other similar cases.<br/><br/>For those <b>employees hired as of 7 March 2015 and subject to Legislative Decree No. 23 of 2015 (so-called u2018Jobs Actu2019):</b><br/>pursuant to Article 6 of Legislative Decree No. 23 of 2015, immediately following the dismissal, the employer has the opportunity to offer the dismissed employee a monetary compensation of a fixed amount - depending on his/her length of service - which would benefit from a tax and social contribution exemption. Y
Y Article 412-ter of the Civil Procedure Code: arbitration must be foreseen by a collective agreement. N N Y
Y Article 413 of the Civil Procedure Code. <br/>The labour court &quot;giudice del lavoro&quot; is integrated into the organization of the general civil court system, but follow special procedures.<br/> N N N N
2019 Japan Asia N N Unfair/Abusive dismissal: compensation in lieu of reinstatement is not a statutory remedy. However, monetary orders/settlements can be rendered by the ordinary courts, labour tribunal procedures, and administrative conciliation. The courts usually render judgement prescribing reinstatement when they find the dismissal cases abusive under the doctrine of abusive dismissal. The courts also order together with reinstatement, payment of unpaid wages, plus interest, between the date of dismissal and the date of final oral argument before the court, and order continuation of monthly payment accruing each month after the date of final oral argument until the issuance of the judgment. <br/>However, the courts also render monetary settlements when it is difficult in practice for workers to return to work due to the deterioration of their relationship with the employers. Labour tribunal procedures are preferred by workers who seek monetary awards or settlements without reinstatement. Monetary settlements are also possible through administrative conciliation/mediation, but the amount obtained is usually lowered than the amount that can be obtained through labour tribunal procedures. <br/>_____________<br/>See Tadashi A. Hanami, Fumito Komiya, Yamakawa, R.: &quot;Japan&quot;, in R. Blanpain (ed.): International encyclopaedia for labour law and industrial relations (The Hague, Kluwer Law International, 2015; and Yamakawa, R. u201cJapanu201d in ILO (2016) Resolving individual labour disputes: a comparative overview. Y
Y Sec. 16 LCA: &quot;A dismissal shall, if it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as an abuse of rights and be invalid&quot;. However, it is possible for the dismissed worker, if he/she requests, to seek monetary settlement through administrative conciliation/ mediation and adjudication through the labour tribunal procedures or the civil courts. See above for detailed descriptions. Y
Y Sec. 2 of Act on Promoting the Resolution of Individual Labor-Related Disputes sets out the principle of voluntary settlement of disputes: If an individual labour-related dispute arises, the disputing parties shall endeavour promptly and in good faith to achieve a voluntary resolution.<br/>Under the labour tribunal procedures, the labour tribunal panel, composed of a professional judge and lay members from the social partners, initially tries to resolve individual labour disputes through mediation before the panel renders an award. In the ordinary civil court procedures, mediation is also offered. <br/>Administrative conciliation/mediation is offered by local (prefectural) labour bureaus and local labour relations commissions. <br/>In employment discrimination disputes (disputes related to the EEOA, the Disability Employment Promotion Act, the Part-Time Work Act and the Childe and Family Care Leave Act), administrative mediation can be initiated upon request by one of the disputing parties. For other individual labour disputes, administrative conciliation is voluntary subject to partiesu2019 consent. N Under the Labour Tribunal System, the Labour Tribunal Committee (LTC) attempts to settle the individual labour dispute through mediation in its second or third session and if one of the parties rejects it, the LTC will issue a judicial decision following the Labour Tribunal procedure. (See Labour Tribunal Act - No. 45 of 2004). Y
Y The parties can choose to access any of the following bodies:<br/><br/><b>Ordinary courts</b> : workers who wish to obtain reinstatement tend to access ordinary courts. <br/><br/><b>Labour tribunal procedures within the ordinary courts (the Labour Tribunal Act): </b>the Labour Tribunal Panel within Districts Court consisting of a judge and two lay members appointed based on the recommendation of employers’ and workers’ organizations. The panel initially tries to resolve labour disputes through mediation and in the case settlement is not reached, it then proceeds to the adjudication the case and renders an award. The award is binding and enforceable unless one of the parties files an objection. If either party objects, the award loses its effect and the case is automatically referred to a civil court and treated as ordinary civil litigation. <br/><br/><b>Dispute adjustment commission</b> established in each prefecture under the Individual Labour-Related Disputes Act offers conciliation that can be initiated at the request of both parties.. Local Labour Relations Commissions (LLRC) which were originally established under the Trade Union Act also offer conciliation for individual labour disputes. The LLRCs comprise members representing employers’ and workers’ organizations and those representing public interests (labour law and industrial relations experts). However, not all the LLRCs provide conciliation for individual labour disputes. Each commission is composed of neutral experts on labour and employment laws. Prefectural local bureaus also provide counselling and information services, administrative guidance or recommendations to the disputing parties to facilitate voluntary resolution of disputes by the parties themselves. For termination disputes involving discrimination and power harassment, the commission conducts mediation in which the commissions make proposals for dispute resolution. Mediation can be initiated at the request of one of the disputing parties. <br/><br/><b>Local labour inspection offices within prefectural labour bureau: </b>while the labour inspectorates are responsible for compliance with the LSA and do not have the function of resolving individual labour disputes, they play a role in prevention individual labour disputes through monitoring and correcting violations of statutory provisions regulating termination of employment, including illegal dismissal through recommendations and enforcement (e.g. dismissals without notice, employers’ obligations to draw up work rules) under the LSA. Workers can also turn to the labour inspectorates (sec. 104 of LSA) Sec. 104 of LSA provides that in the event that a violation of this Act or of an ordinance issued pursuant to this Act exists at a workplace, a worker may report such fact to the relevant government agency or to a labour standards inspector. Sec. 102(2) of LSA: employers shall not dismiss a worker or shall not give a worker other disadvantageous treatment by reason of such worker having made a report set forth in the preceding paragraph.<br/><br/>Moreover, collective agreements which may have grievance procedures and joint consultation procedures between employers and enterprise-based unions play an important role in preventing disputes in unionized workplaces. However, the role of collective agreements and joint consultation has weakened due to the decline in union density. <br/>________<br/>See Yamakawa, R. “Japan” in ILO (2016) Resolving individual labour disputes: a comparative overview. Y
Y The parties can choose to access any of the following bodies:<br/><br/><b>Ordinary courts</b> : workers who wish to obtain reinstatement tend to access ordinary courts. <br/><br/><b>Labour tribunal procedures within the ordinary courts (the Labour Tribunal Act): </b>the Labour Tribunal Panel within Districts Court consisting of a judge and two lay members appointed based on the recommendation of employers’ and workers’ organizations. The panel initially tries to resolve labour disputes through mediation and in the case settlement is not reached, it then proceeds to the adjudication the case and renders an award. The award is binding and enforceable unless one of the parties files an objection. If either party objects, the award loses its effect and the case is automatically referred to a civil court and treated as ordinary civil litigation. <br/><br/><b>Dispute adjustment commission</b> established in each prefecture under the Individual Labour-Related Disputes Act offers conciliation that can be initiated at the request of both parties.. Local Labour Relations Commissions (LLRC) which were originally established under the Trade Union Act also offer conciliation for individual labour disputes. The LLRCs comprise members representing employers’ and workers’ organizations and those representing public interests (labour law and industrial relations experts). However, not all the LLRCs provide conciliation for individual labour disputes. Each commission is composed of neutral experts on labour and employment laws. Prefectural local bureaus also provide counselling and information services, administrative guidance or recommendations to the disputing parties to facilitate voluntary resolution of disputes by the parties themselves. For termination disputes involving discrimination and power harassment, the commission conducts mediation in which the commissions make proposals for dispute resolution. Mediation can be initiated at the request of one of the disputing parties. <br/><br/><b>Local labour inspection offices within prefectural labour bureau: </b>while the labour inspectorates are responsible for compliance with the LSA and do not have the function of resolving individual labour disputes, they play a role in prevention individual labour disputes through monitoring and correcting violations of statutory provisions regulating termination of employment, including illegal dismissal through recommendations and enforcement (e.g. dismissals without notice, employers’ obligations to draw up work rules) under the LSA. Workers can also turn to the labour inspectorates (sec. 104 of LSA) Sec. 104 of LSA provides that in the event that a violation of this Act or of an ordinance issued pursuant to this Act exists at a workplace, a worker may report such fact to the relevant government agency or to a labour standards inspector. Sec. 102(2) of LSA: employers shall not dismiss a worker or shall not give a worker other disadvantageous treatment by reason of such worker having made a report set forth in the preceding paragraph.<br/><br/>Moreover, collective agreements which may have grievance procedures and joint consultation procedures between employers and enterprise-based unions play an important role in preventing disputes in unionized workplaces. However, the role of collective agreements and joint consultation has weakened due to the decline in union density. <br/>________<br/>See Yamakawa, R. “Japan” in ILO (2016) Resolving individual labour disputes: a comparative overview. Y
Y The parties can choose to access any of the following bodies:<br/><br/><b>Ordinary courts</b> : workers who wish to obtain reinstatement tend to access ordinary courts. <br/><br/><b>Labour tribunal procedures within the ordinary courts (the Labour Tribunal Act): </b>the Labour Tribunal Panel within Districts Court consisting of a judge and two lay members appointed based on the recommendation of employers’ and workers’ organizations. The panel initially tries to resolve labour disputes through mediation and in the case settlement is not reached, it then proceeds to the adjudication the case and renders an award. The award is binding and enforceable unless one of the parties files an objection. If either party objects, the award loses its effect and the case is automatically referred to a civil court and treated as ordinary civil litigation. <br/><br/><b>Dispute adjustment commission</b> established in each prefecture under the Individual Labour-Related Disputes Act offers conciliation that can be initiated at the request of both parties.. Local Labour Relations Commissions (LLRC) which were originally established under the Trade Union Act also offer conciliation for individual labour disputes. The LLRCs comprise members representing employers’ and workers’ organizations and those representing public interests (labour law and industrial relations experts). However, not all the LLRCs provide conciliation for individual labour disputes. Each commission is composed of neutral experts on labour and employment laws. Prefectural local bureaus also provide counselling and information services, administrative guidance or recommendations to the disputing parties to facilitate voluntary resolution of disputes by the parties themselves. For termination disputes involving discrimination and power harassment, the commission conducts mediation in which the commissions make proposals for dispute resolution. Mediation can be initiated at the request of one of the disputing parties. <br/><br/><b>Local labour inspection offices within prefectural labour bureau: </b>while the labour inspectorates are responsible for compliance with the LSA and do not have the function of resolving individual labour disputes, they play a role in prevention individual labour disputes through monitoring and correcting violations of statutory provisions regulating termination of employment, including illegal dismissal through recommendations and enforcement (e.g. dismissals without notice, employers’ obligations to draw up work rules) under the LSA. Workers can also turn to the labour inspectorates (sec. 104 of LSA) Sec. 104 of LSA provides that in the event that a violation of this Act or of an ordinance issued pursuant to this Act exists at a workplace, a worker may report such fact to the relevant government agency or to a labour standards inspector. Sec. 102(2) of LSA: employers shall not dismiss a worker or shall not give a worker other disadvantageous treatment by reason of such worker having made a report set forth in the preceding paragraph.<br/><br/>Moreover, collective agreements which may have grievance procedures and joint consultation procedures between employers and enterprise-based unions play an important role in preventing disputes in unionized workplaces. However, the role of collective agreements and joint consultation has weakened due to the decline in union density. <br/>________<br/>See Yamakawa, R. “Japan” in ILO (2016) Resolving individual labour disputes: a comparative overview. N N
2019 Jordan Arab States N N Art. 25 LL sets out legal limits on the compensation to be paid to the employee in the event of arbitrary dismissal (see below).<br/>As amended in 2010, Article 25 LL provides that u201cIf a worker institutes judicial proceedings within 60 days of his dismissal, and the competent court finds the dismissal arbitrary and in violation of the provisions of this Code, the court may order the employer to reinstate the worker in his former job or pay him compensation equal to half of the monthly remuneration for each year of service provided that the amount shall not be less than the worker&apos;s remuneration for two months, in addition to compensation in lieu of notice and other entitlements stipulated in sections 32 and 33 of this Code, and the compensation shall be calculated on the basis of the last remuneration he received.u201d Y
Y Art. 25 LL: remedy for arbitrary and unlawful dismissal shall be either reinstatement or compensation. N N No statutory provision found in the legislation reviewed.<br/>Preliminary conciliation is only foreseen in the settlement of collective labour disputes (see art. 120-123 LL) N No statutory provision found in the legislation reviewed. Y
Y Art. 137 A) LL: The Magistrate Court (ordinary civil court) exercises jurisdiction over individual labour disputes with the exception of disputes related to wages in the areas where there is no &quot;Remuneration Authority&quot;.<br/><br/>Under the Jordanian labour disputes settlement system, the labour court is an ad hoc organ, constituted by three regular judges delegated by the judicial council for this purpose upon the requirement of the minister of labour. It is only competent to hear collective labour disputes, and will do so if the conciliation board has failed to settle the case (art. 124 LL).<br/> N N N N N N
2019 Kazakhstan Europe N N Art. 177 of the Labour Code states that compensation is an alternative measure to dismissal only when an employee demands so. The compensation amounts to the payback of wages between the date of dismissal and the date of reinstatement, but not more than six monthly wages. In case of reinstatement, the employee is still entitled to this payback. Y
Y Art. 177 of the Labour Code<br/><br/>Reinstatement is a primary measure for unlawful dismissals. It can be replaced by a compensation, up to 6 months of monthly earnings, on the demand of the employee. Y
Y Art. 159 of the Labour Code states that the individual labour disputes are considered by the conciliation commissions and/or courts. N Y
Y Art. 159 of the Labour Code N N N N N N
2019 Korea, Republic of Asia Y
Y Art. 28 LSA<br/>Art. 82 Trade Union and Labor Relation Adjustment Act (TULRAA) Y
Y Art. 30 (1) LSA N N Preliminary conciliation is not mandatory. However, pursuant to art. 16-3 (1) of the Labor Commission Relations Act, the Labor Relations Commission may recommend conciliation or present a conciliation proposal at the request of one of the parties concerned or on its own initiative. Y
Y No arbitration or mediation foreseen for disputes related to the LSA, which is the main piece of legislation on dismissal.<br/>However, arbitration and mediation are only foreseen for disputes related to the Trade Union and Labor Relations Adjustment Act (discrimination on the grounds of trade union activities): art. 47 to 70 of the TULRAA. In such cases, arbitration and mediation can be conducted by the Labour Relations Commission or by private persons. <br/> N N Y
Y The competent body to hear and adjudicate rights and interests disputes arising out of the employment relationship, including unfair dismissals is the Labor Relations Commission. It is a quasi-judicial governmental body which is affiliated to the Ministry of Labor and composed of tripartite representatives: workers, employers and public interests.<br/>See art. 28 LSA, 82 TULRAA, and the Labor Relations Commission Act of 1997, as last amended in May 2007. N N N N
2019 Kyrgyzstan Europe N N Art. 423 LC<br/><br/>However in the cases of dismissal without a legal basis or with a violation of the established procedure for dismissal or illegal transfer to another job, the court is entitled, at the request of the employee, to make a decision to compensate the employee for the moral harm caused to him by such actions. The amount of this compensation is determined by the court. Y
Y Art. 423 LC N N Art. 421 LC N Y
Y Art. 421 LC N N N N N N
2019 Lesotho Africa Y
Y Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation. Y
Y Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable. Y
Y See art. 227 (4) and (5) LC as amended in 2000.<br/><br/>Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, or by arbitration at the DDPR.<br/>In both cases, extra judicial prior conciliation is foreseen:<br/>- Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDPR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).<br/>- Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).<br/><br/>On the process of conciliation, see: art. 228 B LC (as amended in 2000) Y
Y See article 226 and 227 LC (as amended in 2000), <br/>Mandatory arbitration:<br/>- A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator. <br/>- In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC) N N Y
Y The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement. <br/>Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:<br/>- The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):<br/>i) for participation in a strike; <br/>ii) as a consequence of a lock-out; or<br/>iii) related to the operational requirements of the employer.<br/>Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.<br/>- A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator. <br/>In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)<br/>- Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).<br/>In addition, the Labour Court can always review the arbitration award on application by one of the parties. N N N N
2019 Luxembourg Europe Y
Y Art. L 124-12 (1) LC: free determination by the Court when dismissal is not justified by genuine and serious reasons.<br/>However, in case of non-respect of a fundamental procedural requirement, compensation awarded by the judge shall not exceed 1 month&apos;s wages.: art. L 124-12 (3) LC.<br/>______________________<br/>Art. L. 124-12 du Code du travail:<br/>(1) Lorsquu2019elle juge quu2019il y a usage abusif du droit de ru00e9silier le contrat de travail u00e0 duru00e9e indu00e9terminu00e9e, la juridiction du travail condamne lu2019employeur u00e0 verser au salariu00e9 des dommages et intu00e9ru00eats compte tenu du dommage subi par lui du fait de son licenciement. (...)<br/>(3) La juridiction du travail qui conclut u00e0 lu2019irru00e9gularitu00e9 formelle du licenciement en raison de la violation du2019une formalitu00e9 quu2019elle juge substantielle doit examiner le fond du litige et condamner lu2019employeur, si elle juge que le licenciement nu2019est pas abusif quant au fond, u00e0 verser au salariu00e9 une indemnitu00e9 qui ne peut u00eatre supu00e9rieure u00e0 un mois de salaire. Lu2019indemnitu00e9 visu00e9e u00e0 lu2019alinu00e9a qui pru00e9cu00e8de ne peut u00eatre accordu00e9e lorsque la juridiction du travail juge le licenciement abusif quant au fond. Y
Y Art. L 124-12 (2) LC : the judge can prescribe reinstatement if requested by the worker and approved by the employer.<br/>In some cases, reinstatement is mandatory if requested by the worker (art. L 124-12 (4) LC).<br/>_________________________<br/>Art. L. 124-12 du Code du travail:<br/>(2) En statuant sur les dommages et intu00e9ru00eats attribuu00e9s au salariu00e9 licenciu00e9 abusivement, la juridiction du travail peut, u00e0 la demande du salariu00e9 formulu00e9e en cours du2019instance et lorsquu2019elle juge ru00e9unies les conditions pour une continuation ou une reprise de la relation de travail, recommander u00e0 lu2019employeur de consentir u00e0 la ru00e9intu00e9gration du salariu00e9 en ru00e9paration de son licenciement abusif. <br/>La ru00e9intu00e9gration effective du salariu00e9 avec maintien de ses droits du2019anciennetu00e9 libu00e8re lu2019employeur de la charge des dommages et intu00e9ru00eats quu2019il a u00e9tu00e9 condamnu00e9 u00e0 lui verser en ru00e9paration de son licenciement abusif.<br/>Lu2019employeur qui ne souhaite pas consentir u00e0 la ru00e9intu00e9gration du salariu00e9 licenciu00e9 abusivement lui recommandu00e9e par la juridiction du travail peut <br/>u00eatre condamnu00e9, u00e0 la demande du salariu00e9, u00e0 complu00e9ter les dommages et intu00e9ru00eats visu00e9s au paragraphe (1) par le versement du2019une indemnitu00e9 correspondant u00e0 un mois de salaire. (...)<br/>(4) Dans les cas de nullitu00e9 du licenciement pru00e9vus par la loi, la juridiction du travail doit ordonner le maintien du salariu00e9 dans<br/>lu2019entreprise lorsquu2019il en fait la demande. Sont applicables, dans ces cas, les dispositions des articles 2059 u00e0 2066 du Code civil. (...) N N Mandatory conciliation is only foreseen for collective disputes: Art. L. 164-1 LC.<br/>_________________<br/>La conciliation obligatoire n&apos;est pru00e9vue que pour les litiges collectifs : Art. L. 164-1 LC N N N Y
Y Art. L 124-11 (2) LC. N N N N
2019 Madagascar Africa Y
Y Art. 20 LC. N N The only remedy available for unfair dismissal (&quot;licenciement abusif&quot;) is the payment of damages.<br/> Y
Y - Art. 207 LC: The dual mission of the labour jurisdiction is to settle the dispute by conciliation or adjudicate if conciliation fails.<br/>No further information in the LC as to the conciliation process before the labour tribunal.<br/>- In addition, preliminary extra judicial conciliation is available before the Labour Inspector if requested by either party. Such preliminary settlement is not mandatory if the employment relationship has been terminated (see Arts. 199 and 200 LC). N N N Y
Y Art. 205 LC. N N N N
2019 Malawi Africa N N Art. 63(4) and (5) EA. The amount of compensation shall be such amount as the court considers just and equitable in the circumstances. However, statutory minimum thresholds are foreseen in art. 63 (5) of the EA. Y
Y Art. 63 (1) a) EA.<br/>When deciding which remedy to award, the Court shall first consider the possibility of ordering reinstatement (art. 63 (2) EA). Y
Y Prior to the settlement of the dispute before the Court, the matter is lodged to a Regional/District Labour Officer before a Labour Officer for conciliation: art. 62, 64 EA and art. 44(1) LRA. This preliminary phase of extra-judicial conciliation is compulsory for the parties.<br/><br/>In addition, preliminary conciliation before the Registrar of the Industrial Relations Court: Rule 5 (3),(4) (5) of the Industrial Relations Court (Procedure) Rules, 1999.<br/>Conciliation is carried out by the Registrar, if requested by the parties or if directed by the Court to do so.<br/><br/> N N N Y
Y Art. 62(1), 64 and 65 EA.<br/>See also the part on dispute settlement (art. 42-45) of the Labour Relations Act, 1996 N N N N
2018 Malaysia Asia Y
Y The IRA does not expressly refer to legal limits (see provisions on the court&apos;s award: sec. 20 (2) and (3) and 30 IRA). Y
Y See sec. 20 1) and 33 b) IRA. Y
Y The employee who considers to have been dismissed without &quot;just cause or excuse&quot; first has to make representations to the Industrial Relations Department for reinstatement. If no settlement, including by conciliation, is possible, the Department will report the matter to the Minister, who may refer the matter to the Industrial Court (sec. 20 IRA) N N N Y
Y The judicial body competent to hear cases of unfair dismissal is the industrial court (sec. 20 (3) and 30 IRA)<br/>The employee who considers to have been dismissed without &quot;just cause or excuse&quot; first has to make representations to the Industrial Relations Department for reinstatement. If no settlement, including by conciliation, is possible, the Department will report the matter to the Minister, who may refer the matter to the Industrial Court (sec. 20 IRA)<br/><br/>Alternatively, an employee can bring a civil action for damages in respect of wrongful dismissal before the civil courts. However, a decision issued by the Industrial Court on unfair dismissal shall operate as a bar to any action for damages by the employee in any court in respect of wrongful dismissal.(sec. 20 (4) IRA).<br/> N N N N
2019 Mexico Americas N N Art. 48 and 50 FLA (articles modified in November 2012) Y
Y Art. 48 FLA: The worker may request to the Conciliation Authority or the Tribunal, if no conciliatory arrangement is reached, his/her reinstatement in the post occupied or compensation in the form of three months wages, at his or her choice. <br/><br/>If, in the corresponding trial, the employer does not prove the reason for dismissal, the worker is entitled to (in addition to reinstatement or compensation of three months wages) receive lost wages from the date of the unfair dismissal up to 12 months. If after 12 months the trial proceedings have not yet been concluded or the judgment has not been complied with, the worker shall also receive interests (2% monthly of 15 months wages).<br/><br/>Under Art. 49 of the FLA, the employer may, in the following cases, be released from the obligation to reinstate the worker by paying the compensation referred to in Art. 50:<br/><br/>-in the case of workers who have been employed for less than one year in the undertaking;<br/>-if sufficient evidence is furnished to the satisfaction of the Tribunal that the worker to perform his/her work needs to be in direct and permanent contact with the employer and the Tribunal determines, taking into consideration all the circumstances of the case, that continuation of the work is impossible;<br/>-in the case of employees in a position of trust;<br/>-in domestic service; and<br/>-in the case of casual workers. Y
Y Art. 123 (A)(XX) of the Mexican Constitution.<br/>Employment disputes are heard by Labour Courts [u2026] However, before resorting to labour courts, workers and employers must resort to the appropriate conciliatory institution.<br/><br/>Art. 684-B FLA: Before requesting the Tribunals intervention, workers and employers shall request from the competent Conciliatory Centre the start of conciliation proceedings, except in some specific cases determined by the FLA (e.g. those established in article 685 Ter) <br/><br/>Preliminary mandatory conciliation proceedings regulation is in Arts. 684-A to 684-E. N N N Y
Y Art. 123 (A)( XX)of the Mexican Constitution, 604 FLA.<br/><br/>In Mexico, employment disputes are heard by labour tribunals/courts (Judiciary at the local (state) or federal level. They can be heard by the Federal or Local courts according to distribution of competencies –by industry/services, type of enterprises, and subjects (Art. 123 (A) (XXXI), Art.527-529 FLA)<br/><br/>Article 604 FLA: The Labour courts of the federal or state judiciary branch, in the scope of their competencies, will hear and resolve labour related to employment relationships or facts related to them, arising between workers and employers, between several workers or between several employers. This is a tripartite body that exercises jurisdictional functions. See Art. 605 for composition and structural organization. <br/><br/>Note: The Constitutional reform to replace the Conciliation and Arbitration Boards with labour courts was adopted in February 2017, and the FLA reform in May 2019. Courts will begin their functions within a maximum period of 4 years from May 1, 2019. During this transition period, Conciliation and Arbitration Boards will continue to resolve disputes. N N N N
2017 Moldova, Republic of Europe N N Art. 90 LC Y
Y Art. 89 LC N N No statutory provision in the legislation reviewed. N Y
Y Art. 355 LC N N N N N N
2017 Mongolia Asia N N Y
Y Art. 36.1.2 LC. N N No statutory preliminary mandatory conciliation for individual labour disputes.<br/>(However, collective labour disputes shall be first submitted to &quot;intermediaries&quot; for conciliation: see art. 117 LC). N Arbitration is only available for the settlement of collective labour disputes (see: art. 118 LC and The Labour Administration Rules of 2001) Y
Y Individual labour disputes are either settled by the Labour Dispute Settlement Commission or by ordinary courts. According to art. 128.1.2 LC, ordinary courts have exclusive jurisdiction over wrongful dismissal complaints (art. 128 LC). Any such dispute shall be referred to the court within 1 month from the receipt of the employer&apos;s dismissal decision. N N N N N N
2020 Montenegro Europe Y
Y Article 180 (1) Against the decision of termination of employment, the employee may initiate proceedings within 15 days from the day of delivery of the decision, before the bodies referred to in Article 140 of this Law (amicable dispute resolution agency). (5) If in the procedure referred to in paragraph 1 of this Article it is determined that there were no legal or justified reasons for termination of the employment contract, whether the employer prescribed them by his act or provided by the employment contract, the employee has the right to return to work, as well as the right to compensation for material and non-material damage, in the procedure provided by law. Y
Y Article 180 (1) Against the decision referred to in Article 175 of this Law, the employee may initiate proceedings within 15 days from the day of delivery of the decision, before the bodies referred to in Article 140 of this Law. (3) During the court dispute on the termination of the employment contract, the competent court may, at the request of the employee if it finds that it is obviously an illegal termination of the employment contract, decide to temporarily return the employee to work until the end of the dispute. (5) If in the procedure referred to in paragraph 1 of this Article it is determined that there were no legal or justified reasons for termination of the employment contract, the employee has the right to return to work, as well as the right to compensation for material and non-material damage, in the procedure provided by law. <br/> Y
Y Article 140 of the New Labour Act, (1), provides that an employee who considers that his right to work and on the basis of work has been violated, before initiating proceedings before the competent court, is obliged to submit a proposal for peaceful settlement of the dispute before the Agency for peaceful settlement of labor disputes or the Center for Alternative Dispute Resolution. Y
Y Employee and employer (parties to a dispute) may entrust an arbitrator with the settlement of a dispute arising from and based on employment (individual labour dispute). The Labour Law stipulates that the employee and the employer must turn to the Agency for the Peaceful Resolution of Labor Disputes to resolve disputes, according to article 140. The Law on Peaceful Resolution of Labor Disputes provides that the process of peaceful resolution of a labor dispute is initiated by submitting a request to the Agency. The parties may submit the request jointly or individually. <br/>According to The Rules of Procedure of Amicable Settlement of Labour Disputes, the discussion in individual labor dispute may be held at the Agency or at the premises of the employer, with the consent of the parties. Important actions taken at the hearing shall be registered in the minutes, which is signed by the arbitrator, the parties to the dispute, or the representatives of the parties to the dispute. Expert witness may be engaged in the process of peaceful resolution of a labour dispute. Y
Y Basic courts are responsible for deciding in cases of first instance in civil, labour and criminal cases, according article 16 of Law 5/2002 on the Courts.<br/>Article 16 The basic court shall have jurisdiction (3) In labour law cases to judge at first instance the disputes related to: a) employment rights; b) conclusion and application of collective contracts, as well as all disputes between the employer and trade unions; c) application of the rules on strike;<br/>d) appointment and removal of bodies in companies and other legal entities. N N N N N N
2019 Morocco Africa N N Art. 41 LC Y
Y Art. 41 LC N N No mandatory conciliation before the court.<br/>However, possibility to resort to extra-judicial conciliation before the Labour Inspectorate to claim reinstatement or damages (art. 41 LC) N Y
Y Art. 41 LC refers to the competent tribunal. No labour court in Morocco. N N N N N N
2019 Mozambique Africa Y
Y Y
Y Article 135 (2) provides that in case a dismissal is found unlawful in court, it is possible to reinstate the worker. The worker may also choose to receive a compensation instead of being reinstated. In this case, the compensation will be paid following the criteria of Article 128. Y
Y Article 30 of the Labour Tribunals Act provides that the conciliation process may be conduct during all the procedure, but there is no provision stating that it is mandatory for all the procedures. According to Article 43 of the same Act, conciliation is mandatory in cases involving occupational accidents and illnesses. Y
Y The Commission for Labour Mediation and Arbitration, abbreviated to COMAL, is a public law institution with legal personality and administrative autonomy, technical and functional independence, supervised by the Minister who oversees the area of Labour. COMAL was created by Decree No. 50/2009 of 11 September 2009 and aims to implement, coordinate, develop and boost extrajudicial mechanisms for resolving labour disputes, both individual and collective. Its composition is tripartite, with two members appointed by the Government, two by the Employers and two by the Unions and it has its headquarters in Maputo city. At the local level, COMAL is represented by the Labour Mediation and Arbitration Centres. N N Y
Y Articles 5 and 6 of Law No 18/1992 - Labour Tribunals Act. N N N N
2019 Namibia Africa Y
Y No legal limits on the amount of compensation for unfair dismissal to be awarded by the arbitrator (see sec. 86(15) c) LA) Y
Y Sec. 86(15) d) LA provides that an arbitrator to a dispute may make any appropriate arbitration award, including an order of reinstatement of an employee. Y
Y Sec. 86(5) LA: &quot;Unless the dispute has already been conciliated, the arbitrator must attempt to resolve the dispute through conciliation before beginning the arbitration.&quot;<br/><br/>See also Sec. 85(6) LA: &quot;If the conciliation attempt is unsuccessful, the arbitrator must begin the arbitration&quot;. Y
Y Arbitration is the ordinary mechanism settling disputes relating to the breach of a contract of employment or a collective agreement (see sec. 84 to 86 LA). Any party to such dispute may refer it in writing to the Labour Commissioner or any labour office which will then refer the dispute to an arbitrator to attempt to resolve the dispute through arbitration; (sec. 86 (1) LA).<br/><br/>If the dispute concerns a dismissal, it must be submittted within six months after the date of the dismissal. Otherwise, it must be submitted within one year after the dispute arises. N N Y
Y In addition to Labour Court: Arbitration tribunal and Labour commissioner<br/><br/>Sec. 85 LA establishes arbitration tribunals for the purpose of resolving disputes. Art 85(2) provides that Arbitration tribunals operate under the auspices of the Labour Commissioner, and have jurisdiction to <br/>(a) hear and determine any dispute or any other matter arising from the interpretation, implementation or application of this Act; and<br/>(b) make any order that they are empowered to make in terms of any provision of this Act.<br/><br/>Sec. 86(1) LA provides that unless a collective agreement provides for referral of disputes to private arbitration, any party to a dispute may refer the dispute in writing to<br/>(a) the Labour Commissioner; or <br/>(b) any labour office.<br/><br/>The Labour Court will only be competent to hear appeals against an arbitrator&apos;s award <br/> * on any question of law alone;<br/> * in the case of an award in a dispute initially referred to the labour Commissioner concerning the fundamental rights, on a question of fact, law or mixed fact and law (sec. 89 (1) LA).<br/> N N N N
2019 Netherlands Europe Y
Y On compensation, see Art. 7:681 to 7:683 CC.<br/>In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, Art. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages<br/>An employee who has terminated an employment contract due to an u201curgent causeu201d(see above) provoked by the employer may also be entitled to a compensation, Art. 7:677 CC.<br/> Y
Y Art. 7:681 to 7:683 CC. N N No statutory provision in the legislation reviewed. N No statutory provision in the legislation reviewed. Y
Y No specialised court, ordinary courts have jurisdiction over labour disputes.<br/> N N N N N N
2019 New Zealand Asia Y
Y u2022There are no statutory limitations as to the amount of compensation to be awarded in the event of unfair dismissal.<br/>Sec. 123 ERA provides that if the Employment Authority or Court determines that a dismissal was unjustified, it may provide for any 1 or more of the following remedies: <br/>- reinstatement;<br/>- reimbursement of the whole or any part of the wages lost as a result of the dismissal;<br/>- compensation for humiliation, loss of dignity, and injury to the feelings of the employee; and loss of any benefit, whether or not of a monetary kind, which the employee might reasonably have been expected to have obtained had he or she not been dismissed.<br/><br/>Up-to-date figures for non-remuneration compensation are available at: https://www.employment.govt.nz/about/employment-law/compensation-and-cost-award-tables/ Y
Y The ER Amendment Act 2018 s 47 restores the pre-2010 provision and (from 11 December 2018) provides that:<br/><br/>u201c125 Reinstatement to be primary remedy<br/>(1) This section applies ifu2014<br/>(a) the remedies sought by, or on behalf of, an employee in respect of a personal grievance include reinstatement; and<br/>(b) it is determined that the employee did have a personal grievance.<br/>(2) If this section applies, the Authority or court must provide for reinstatement wherever practicable and reasonable, irrespective of whether it provides for any other remedy as specified in section 123.<br/><br/> Y
Y - The Ministry for Business, Innovation and Employment (MBIE) provides a Mediation services in order to help the employer and employee to resolve their dispute by mutual agreement. If the parties come to an agreement, once it is signed by the Mediator, it will be final and binding.<br/>- In addition, the ERA provides for the duty of the Employment Relations Authority to consider mediation (sec. 159 ERA). That means that it shall first consider whether an attempt has been made to resolve the matter. However, according to sec. 159AA ERA, in case mediation is not requested by both parties, the authority should not refer the case to mediation, unless it considers the alleged breaches to be minor or it is satisfied that will be a cheaper and quicker way to clarify disputed facts or otherwise assist the authority in considering the matter. Before referring to mediation, the authority must also consider, whether it would contribute constructively to resolving the matter; or be in the public interest; or undermine the urgent or interim nature of the proceedings. (Based on the same considerations, when a case reaches the court, the court can also again consider on whether to refer the case to mediation, sec. 188 (2) and 188A ERA.) Y
Y The ERA reserves the possibility for the parties to resort to arbitration or other mediation services. (secs. 154 and 155 ERA) N N Y
Y - The ERA gives exclusive jurisdiction to the Employment Relations Authority, an independent body, to make determination about personal grievances, which amongst other things include unfair dismissal claims (sec. 161(1)e) ERA). This provision removed the possibility for employees to pursue a claim for wrongful dismissal under civil law.<br/>- Either the employer or employee may challenge a determination of the Authority, within 28 days after the date of the determination, in the Employment Court. <br/>A challenge may relate to the whole of the determination (in which case, there will be a de novo hearing) or be restricted to some limited aspect of a determination (sec. 179 and 187 ERA) Y
Y - The ERA gives exclusive jurisdiction to the Employment Relations Authority, an independent body, to make determination about personal grievances, which amongst other things include unfair dismissal claims (sec. 161(1)e) ERA). This provision removed the possibility for employees to pursue a claim for wrongful dismissal under civil law.<br/>- Either the employer or employee may challenge a determination of the Authority, within 28 days after the date of the determination, in the Employment Court. <br/>A challenge may relate to the whole of the determination (in which case, there will be a de novo hearing) or be restricted to some limited aspect of a determination (sec. 179 and 187 ERA) N N
2019 Nicaragua Americas N N Y
Y Article 46 of Labour Code provides that when the termination of the contract by the employer is verified in violation of the prohibitive provisions contained in this code and other labour regulations, or constitutes an act that restricts the worker&apos;s right, or is in retaliation against the worker for having exercised or attempted to exercise their labour or union rights, the worker will have action to demand their reinstatement before the Labor Judge, in the same position that they held and in identical working conditions, remaining<br/>the employer, if the refund is declared, to the payment of the wages not received and to their refund.<br/>If the employer does not comply with the judicial resolution, this must pay the worker, in addition to the severance pay, a sum equivalent to one hundred percent of the same.<br/> <br/><br/> Y
Y Article 310 of Labour Code provides that a first hearing will be scheduled to attempt conciliation. Articles 323 et. seq. provide rules for judicial conciliation.<br/>Also, article 72 of Labour Procedure Code provides in paragraph 1 that it will be a requirement to be able to access the jurisdictional means in cases of small amounts claims, established by the Supreme Court of Justice, to have exhausted the conciliatory procedure before the administrative labor authority. In the other cases, it will be optional to participate in conciliation through administrative authorities. Y
Y The Ministry of Labor has a General Directorate for Collective Law and Labor Consulting, under whose direction is the Department of Collective Bargaining and the Department of Individual Conciliation that offers arbitration services for alternative resolution of conflicts, but it is not mandatory for most cases (only for small claims, according to article 72 Labor Procedure Code). N N Y
Y N N N N
2019 Niger Africa Y
Y Art. 91(2) and 92 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee&apos;s seniority and age, any deductions or payments made to a retirement plan, and other established right.<br/><br/>Art. 475 Implementing Decree of August 2017: The amount of damages in case of unfair dismissal of a workers&apos; representative can reach 36 months of salary. Y
Y The LC does not contain any provision on reinstatement and only provides for the payment of damages in the event of unfair dismissal (Art. 91(2) LC).However, in practice, reinstatement seems to be ordered by the labour courts. See, e.g. Direct Request by the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) on the application of Convention No. 158 (2011) [link available under &quot;Scope of additional information&quot;] : <br/>&quot;The Government indicates that the labour tribunal has the power to declare the termination invalid and to propose reinstatement should it identify any irregularity in the grounds and procedure for termination. The Government also indicates that, if the employer rejects the request for reinstatement, it is required by law to pay the worker compensation&quot;<br/><br/><b>New in Sept. 2012:</b><br/>Art. 227 LC: Any dismissal of a workers&apos; representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC, reinstatement was not available in such cases. <br/><br/>Art. 475 Implementing Decree of August 2017: Reinstatement possible in case of unfair dismissal of workers&apos; representatives.<br/> Y
Y Art. 305 LC: Conciliation shall be part of the procedure before the labour court.<br/>In addition, before starting any judicial proceedings, the parties can resort to extra-judicial conciliation before the Labour Inspectorate (Art. 317 LC).<br/><br/> N In the LC, arbitration is only foreseen for the resolution of collective labour disputes. N N Y
Y Art. 289 LC.<br/> N N N N
2020 Nigeria Africa Y
Y - Sec. 82(b) & 84(1) LA establish the power of courts to order compensation for any wrong or damage sustained through contravention of the Act or contract of employment. <br/>- Remedies for unlawful termination (breach of contract) or wrongful dismissal without notice are limited to damages for the equivalent amount the employee would have been entitled to, had the contract not been unlawfully terminated. Therefore, in the event of unlawful termination, the employee is entitled to compensation equivalent to what the employee would have earned during the notice period.<br/>In the event of wrongful dismissal without notice (for gross misconduct), the damages awarded corresponds to the amount the worker would have earned if he or she had continued working under the employment contract until this contract was lawfully terminated.<br/>Nigerian law excludes damages for injured feelings (following the English case of Addis v. Gramophone Co. [1908] AC 488.)<br/>- Therefore in practice, compensation is limited to pay in lieu of notice. No additional damages. IS that free determination?<br/>Question, can the NIC depart from these rules and award additional compensation?<br/><br/> Y
Y Reinstatement is only available in limited circumstances (in particular, when the termination was based on the employee&apos;s trade union activities).<br/><br/>See: Chioma Kanu Agomo, &apos;Part I. Individual Employment Relations&apos; (August 2010), pp. 39u00bf72, in Prof. Dr R. Blanpain, Prof. Dr M. Colucci (Eds.), International Encyclopaedia for Labour Law and Industrial Relations (Kluwer Law International BV, The Netherlands), pp. 62-63, paras. 158-159:<br/>&quot; The regular courts have consistently declined employee&apos;s request for reinstatement as appropriate remedy for wrongful termination (see <i>Chukwuma v. Shell Petroleum Development Company of Nigeria Ltd</i> (1993) 4 NWLR 512; <i>Sule v. Nigerian Cotton Board</i> (1985) 2 NWLR 17; <i> New Nigeria Bank Ltd v. Oniovosa</i> (1995) 7 NWLR 691)&quot; <br/>This principle applies to the private sector, reinstatement is an available remedy for wrongful termination in the public sector.<br/>The National Industrial Court has recognized that reinstatement can be ordered in two cases: the first one being when the termination is the result of the trade union activities of the employees prohibited under sec. 9(2) LA, the second one being (in line with the ordinary courts rulings) when an office or employment has a &apos;statutory flavour&apos;, which means that its conditions of service are provided for and protected by statute or regulations and any person holding that office or in that employment enjoys a special status. If the procedure laid down by the applicable statute for dismissing such a person is not complied with, then the dismissal will be null and void, and the person will be reinstated. N N No information found. Y
Y Only trade disputes can be referred to the Industrial Arbitration Panel. This institution does not generally deal with individual or rights disputes unless these disputes are part of a trade dispute. A trade dispute includes any &quot;dispute or difference between employers and workers which is connected with the employment or non-employment of any person&quot;. <br/>In any cases, an individual employment dispute can always be settled by private arbitration if the parties so agree.<br/><br/> Y
Y Until the adoption of the National Industrial Court Act (2006), individual employment claims (including on wrongful terminations) were only handled by ordinary (magistrate’s) court. However the 2006 Act now confers jurisdiction to the National Industrial Court over individual employment disputes under Section 7. Y
Y Until the adoption of the National Industrial Court Act (2006), individual employment claims (including on wrongful terminations) were only handled by ordinary (magistrate’s) court. However the 2006 Act now confers jurisdiction to the National Industrial Court over individual employment disputes under Section 7. N N N N
2017 North Macedonia Europe Y
Y Art. 102.5 LRA, with the 2012 amendment has been renumbered as Art. 102.4 LRA and modified to state that when the court establishes that the dismissal was unlawful and it is unacceptable for the employee to be reinstated, the court, at the employee&apos;s request, shall specify the date of termination of employment and will oblige the employer to pay wages in accordance with paragraph 2 of the same article. Art. 102.2 LRA, also brought with the 2012 amendment, states that in addition to the return to work, the employer shall pay the employee the gross salary which the employee would have taken if he/she was at work in accordance with the law, the collective agreement and employment contract, reduced by the amount of income that the employee has achieved on the basis of work after the termination of employment.<br/>According to the previous regulation before the 2012 amendment, when the court would establish that the dismissal was unlawful and if the employee would find unacceptable the reinstatement, the court, at the employee&apos;s request, had to fix the date of termination of employment and award compensation depending on the employee&apos;s length of service, age, social status and family responsibilities.(previously art. 102(5)LRA). Y
Y Art. 101(1) LRA: if the Court rules that the employment contract was unlawfully terminated, the employee must be reinstated if he/she so requests. N N No preliminary mandatory conciliation.<br/>However, the LRA provides that in the event of dismissal with notice, the employee is authorised to file a complaint to the management body or to the employer within 8 days from receipt of the dismissal decision. The employer must reply to the complaint within 8 days, and during that period the execution of the dismissal decision is suspended. If the employee is not satisfied with the response he/she may initiate a dispute before the competent court (art. 93 LRA). <br/>In case of termination of employment by the employer without a notice period (summary dismissal), the employee is entitled to complain to the management body or to the employer within 8 days from the receipt of the decision on the dismissal. The employer or the management body must give the response to the complain in the period of 8 days. In case the employee is not satisfied with the response, he/she has a right to initiate proceedings before the competent court within 15 days. In this case, while the procedure is ongoing, the execution of the dismissal decision is not suspended (Art. 91 LRA). Y
Y Art. 29 of the Law on peaceful resolution of labour disputes stipulates that individual labour disputes concerning termination of employment can be settled through arbitration. The arbitration award concerning an individual labour dispute shall be issued within 30 days form the opening of the hearings, which shall start within 3 days of the submission of the case (arts. 33 and 35 of the above-mentioned law). Y
Y Art. 91 and 93 LRA (&quot;competent court&quot;). N N N N N N
2019 Norway Europe Y
Y Art. 15-12(2) WEA states that employees may claim compensation if the dismissal is effected in violation of the provisions on protection against certain types of dismissal (including dismissal during the probationary period, unfair dismissal, dismissal in the event of sickness, dismissal during pregnancy .... (art. 15-6 to 15-11 WEA).<br/>Compensation shall be fixed at the amount the court deems reasonable in view of the financial loss, circumstances relating to the employer and employee and other facts of the case. Y
Y -In Norway, employee may claim that the dismissal is invalid and request that the employment relationship continues. Such shall be initiated within or 8 weeks from the end of the negotiations between the employer and employee unlike compensation claims for which the timeframe is 6 months (art.17-4(1) WEA).<br/><br/>-When claimed by the employee, a notice of termination may be declared invalid if it is not based on objective grounds or in violation of the provisions on the protection against dismissal in certain cases (pregnancy, sickness, ....).<br/>In the case of a dispute concerning the validity of a notice of termination, the employment may remain in force until the final settlement of the dispute. <br/>In special cases, if so demanded by the employer, the court may decide that the employment shall be terminated if it finds it clearly unreasonable that employment should continue (art. 15-12 WEA).<br/><br/>- According to OECD table on Employment Protection Legislation in Norway (2008), reinstatement orders are fairly frequent in practice. N N In Norway, most civil disputes are considered initially by the Conciliation Boards (forliksru00e5det). However, according to Art. 17-1 (3) WEA, the Conciliation Boards do not hear individual complaints related to unlawful dismissals and other claims mentioned in Art. 17-3 WEA. These cases are to be brought before the district court directly. [See also Ch. 6, Art 6-2 (f) of the Mediation and Civil Proceedings Act (No. 28 of 2012) ( Lov om mekling og rettergang i sivile tvister (tvisteloven).]<br/> <br/>It is worth noting that according to art. 17-3 WEA, employees claiming that a dismissal with notice or summary dismissal is unlawful, or that it is a breach of the provisions of this Act concerning preferential rights may demand negotiations with the employer within 2 weeks from the date of the dismissal or the date the employer rejected a claim from an employee concerning preferential right to a new post.<br/>The employer has an obligation to ensure that a meeting for negotiations is held as early as possible and, at the latest, within two weeks of receiving the request. <br/>The negotiations must be completed not later than two weeks after the date of the first negotiation meeting unless the parties agree to continue the negotiations.<br/> Y
Y - In Norway, parties may agree to have the dispute settled by arbitration. This is regulated by the Arbitration Act of 2004 (last updated 2017). Section 10 of the Arbitration Act, provides that &quot;the parties may agree to submit to arbitration disputes that have arisen and all or certain disputes that may arise between them in respect of a defined legal relationship.(...)&quot;<br/><br/>- In addition, in respect of the chief executive of the undertaking, Art. 15-16 WEA provides that &quot;the employer may enter into a written agreement with the chief executive of the undertaking to the effect that disputes in connection with termination of the employment relationship shall be settled by means of arbitration&quot;.<br/> Y
Y - Individual disputes (for instance dismissal and termination of employment) are handled by ordinary courts (alminnelige domstoler) according to Art 17-1 WEA, the Mediation and Civil Proceedings Act (No. 28 of 2012) and the Courts of Justice Act (No. 5 of 1915). <br/><br/>- According to art. 17-4 WEA, the time period for claiming an unfair dismissal is eight weeks from conclusion of the negotiation between the parties or from the date of the dismissal if no negotiations took place).<br/>- If an employee claims compensation only, the time limit shall be six months. In individual cases, the parties may agree <br/>upon a longer time limit for initiating legal proceedings. If the dismissal does not meet the formal statutory requirements with regard to notice of dismissal, there is no time limit for such claims.<br/><br/>- In Norway, the National Labour Court&apos;s jurisdiction is essentially, confined to collective disputes of rights -- not to individual disputes. <br/>There are however, two exceptions: <br/>1)Individual workers (members of trade unions) and employers are liable in damages for breach of a collective agreement or of the peace obligation. Claims for indemnification in such cases lie within the Labour Court&apos;s jurisdiction (Sections 9 and 10 of the Labour Disputes Act);<br/>2)In addition, in a case concerning a collective agreement, the Labour Court may give a decision on individual claims being contingent on the decision given on the collective agreement issue at hand. Solely provided that this can be done without it being necessary to resolve further questions on evidence or legal problems in order to dispose of the individual claims. (Section 34 of the Labour Disputes Act (lov om arbeidstvister (arbeidstvistloven) ) N N N N N N
2018 Panama Americas N N Art. 225 LC Y
Y Art. 218 LC: a worker under a contract of unspecifed duration can ask for reinstatement or compensation for unfair dismissal before the Labour Court or the Conciliation Board. <br/>According to art. 219 LC, if reinstatement is ordered by the Court, the employer nonetheless terminate the employment relationship by paying the statutory compensation for unfair dismissal plus a surcharge, calculated as follows:<br/>50%, in addition to the corresponding compensation, for those workers employed in the undertaking at the time the LC entered into force; and <br/>25%, in addition to the corresponding compensation, for those workers who begin working after the LC entered into force, provided that the employer has not established a severance fund. <br/>In addition, wages in arrears are to be paid in the form prescribed by the respective judgment, in accordance with sec. 218 of the LC. <br/> N N No provision found in the legislation reviewed. Y
Y Art. 218 LC: The Labour Tribunals and/or The Conciliation and Decision Boards (junta de conciliaciu00f3n y decisiu00f3n,) have jurisdiction over claims of unfair dismissal. The &quot;juntas de conciliaciu00f3n y decisiu00f3n&quot; which are tripartite bodies and are integrated into the &quot;Jurisdiccion Laboral&quot;.<br/> N N Y
Y Art. 218 LC: The Labour Tribunals and/or The Conciliation and Decision Boards (junta de conciliación y decisión,) have jurisdiction over claims of unfair dismissal. The &quot;juntas de conciliación y decisión&quot; which are tripartite bodies and are integrated into the &quot;Jurisdiccion Laboral&quot;.<br/> N N N N
2019 Paraguay Americas N N Y
Y Reinstatement is available in the cases concerning dismissals of employees who enjoy special protection against dismissals (see articles 94, 136, 318 and 321 of Labour Code). Y
Y Article 125 of Labour Code Procedure provides that a first attempt of conciliation must be carried out before the proceedings start, but after the reception of the defendant response to the claims. Y
Y Arbitration clauses might be included in collective bargaining agreements, according to Article 290 (d) and 329 (2) of Labour Code. N N Y
Y Article 34 of Labour Procedure Code provides that The labor judges will be competent to handle: a) Contentious issues arising from the application of the Labor Code or the clauses of the individual contract or the apprenticeship contract, between workers or apprentices and employers; b) The controversies arisen between the pactantes subjects or adherents of a collective contract of conditions of work, with respect to the existence, interpretation or fulfillment of this one; c) The lawsuits on union recognition, promoted between an employer or employer organization and the unions of workers or between these exclusively, in order to celebrate a collective work contract; d) Any conflict between a Union and its affiliates derived from the breach of the bylaws or the collective contract of working conditions; and e) Disputes between workers, motivated by teamwork. N N N N
2019 Peru Americas N N Y
Y - If a dismissal is declared null and void (that means that the dismissal was based on prohibited grounds), reinstatement is mandatory. However, in complying with the decision the worker may opt for compensation instead (art. 34 LPCL)<br/>- There is no right to reinstatement in the event of an arbitrary dismissal (= a valid reason has not been given or cannot be legally substantiated). Compensation is the only available remedy is such case (art. 34 LPCL)<br/> Y
Y - The New Labour Procedure Law [NLPL], No 29497, in force from 15 July 2010 foresees a preliminary mandatory conciliation hearing and contains a much more detailed provision on the modalities of such preliminary hearing (art. 43). Y
Y Arbitration is recognized as a valid labour dispute resolution mechanism under certain conditions in the New Labour Procedure Law of 2010 (applicable from 15/07/2010): see supplementary provision 6). N N Y
Y The New Labour Procedure Law [NLPL], establishes a hierarchy of courts to adjudicate labour disputes, consisting of the Magistrates Courts (Juzgados de Paz Letrados), the Labor Courts of First Instance (Juzgados de Trabajo), the Labour Branches of the High Court (Salas Laborales de la Corte Superior), and the Supreme Court (Corte Suprema). Dismissal cases are heard by the Labour Courts of First Instance (Juzgados de Trabajo). The extinction of the working relationship is observed by Specialized Labour Court as indicated in art. 2 and 51 of the NLPL. N N N N
2019 Philippines Asia N N Y
Y Art. 294 LC: &quot;An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages inclusive of allowance, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement&quot;. Y
Y Speedy alternative dispute resolution processes and preferential use of voluntary modes in settling labour disputes are key policies enshrined in the Constitution (art. III, sec.16) <br/>Art. 227 of LC (principle of prior resort to amicable settlement): &quot;the Labour Arbiter shall exert all efforts towards the amicable settlement of a labour dispute within his jurisdiction on or before the first hearing. The same rule shall apply to the Commission in the exercise of its original jurisdiction&quot;.<br/>Except termination disputes arising from the implementation or interpretation of CBAs which are subject to internal grievance procedures: SEnA (Single-Entry Approach) is also applicable to termination or suspension of employment issues, unfair labour practices, closures, retrenchments, redundancies, temporary lay-offs, overseas Filipino Workers cases. Single Entry Assistance Desks in DoLE offices and attached agencies provide 30-day mandatory conciliation-mediation services (sec. 2 of Department Order No. 107-10). <br/>Art. 234(a) of LC and sec. 1 of Republic Act No. 10396: Except as provided in Title VII-A, Book V of this Code, or as may be excepted by the Secretary of Labour and Employment, all issues arising from labour and employment shall be subject to mandatory conciliation-mediation. The labour arbiter or the appropriate DoLE agency or office that has jurisdiction over the disputes shall entertain only endorsed or referred cases by the duly authorized officer (except disputes subject to internal mandatory grievance procedures and voluntary arbitration (Title VII-A, Book V of LC) applicable for parties to a CBA). Art. 234(b) of LC: Any or both parties involved in the dispute may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DoLE agency or office which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues to voluntary arbitration. <br/>In-court mediation is also possible when labour disputes are brought to the Court of Appeals for judicial action or review (SC AM No. 04-3-15-SC, 2004). Y
Y See above on competent courts/administrative bodies for more details. <br/>Voluntary arbitration for disputes arising from the parties to CBAs (Art.273). <br/>Administrative arbitration by labour arbiters (Art. 224) Y
Y Regarding parties to a collective bargaining agreement, all grievances submitted to internal grievance machinery which are not settled within seven days from the date of its submission shall automatically referred to voluntary arbitration prescribed in the CBA (Art. 273). For this purpose, parties to a CBA shall name and designate in advance a voluntary arbitrator or panel of voluntary arbitrators or include in the CBA a procedure for the selection of such voluntary arbitrator or panel of voluntary arbitrators, preferably from the listing of qualified voluntary arbitrators duly accredited by the National Conciliation and Mediation Board. See also Art. 275: upon agreement of the parties, the designated voluntary arbitrator or panel of voluntary arbitrators shall also hear and decide all other labour disputes including unfair labour practices. Voluntary arbitration awards, decisions or orders are subject to judicial review upon petition for review filed with the Court of Appeals within 15 calendar days from receipt of such awards, decisions or orders (Rule 43 of the Rules of Civil Procedure) <br/>The Labour Arbiters of the National Labour Relations Commission have original and exclusive jurisdiction over termination disputes (Art. 224 of LC). The National Labour Relations Commission has exclusive appellate jurisdiction over all cases decided by Labour Arbiters (Art. 224(b) of LC). Cases arising from the interpretation or implementation of CBAs and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the labour arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in the said agreements (Art. 224(c)). According to Sale (2015), mostly non-unionized workers resort to compulsory arbitration by labour arbiters. <br/>The DoLE Secretary and Regional Offices (enforcement offices/inspectorates) are charged with monitoring compliance with or enforcement of labour standards, including termination of employment requirements (Art. 128 of LC, sec. 1 of Rule IV of DO No. 131-B, Series of 2016. When deficiencies detected by labour law compliance officers are not corrected, the hearing officer shall conduct mandatory marathon conferences during which parties may reach voluntary settlement, before the issuance of compliance orders (Rules XII and XIII of DO No. 131-B). Cases related to termination of employment requirements include those arising from discrimination [Sale (2015)] <br/>Regarding termination disputes in the public sector whether they arise from grievances, unfair labour practices, the Public Sector Labour Management Council takes appropriate action and has original and exclusive jurisdiction (sec. 16 of Executive Order No. 180). N N Y
Y Regarding parties to a collective bargaining agreement, all grievances submitted to internal grievance machinery which are not settled within seven days from the date of its submission shall automatically referred to voluntary arbitration prescribed in the CBA (Art. 273). For this purpose, parties to a CBA shall name and designate in advance a voluntary arbitrator or panel of voluntary arbitrators or include in the CBA a procedure for the selection of such voluntary arbitrator or panel of voluntary arbitrators, preferably from the listing of qualified voluntary arbitrators duly accredited by the National Conciliation and Mediation Board. See also Art. 275: upon agreement of the parties, the designated voluntary arbitrator or panel of voluntary arbitrators shall also hear and decide all other labour disputes including unfair labour practices. Voluntary arbitration awards, decisions or orders are subject to judicial review upon petition for review filed with the Court of Appeals within 15 calendar days from receipt of such awards, decisions or orders (Rule 43 of the Rules of Civil Procedure) <br/>The Labour Arbiters of the National Labour Relations Commission have original and exclusive jurisdiction over termination disputes (Art. 224 of LC). The National Labour Relations Commission has exclusive appellate jurisdiction over all cases decided by Labour Arbiters (Art. 224(b) of LC). Cases arising from the interpretation or implementation of CBAs and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the labour arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in the said agreements (Art. 224(c)). According to Sale (2015), mostly non-unionized workers resort to compulsory arbitration by labour arbiters. <br/>The DoLE Secretary and Regional Offices (enforcement offices/inspectorates) are charged with monitoring compliance with or enforcement of labour standards, including termination of employment requirements (Art. 128 of LC, sec. 1 of Rule IV of DO No. 131-B, Series of 2016. When deficiencies detected by labour law compliance officers are not corrected, the hearing officer shall conduct mandatory marathon conferences during which parties may reach voluntary settlement, before the issuance of compliance orders (Rules XII and XIII of DO No. 131-B). Cases related to termination of employment requirements include those arising from discrimination [Sale (2015)] <br/>Regarding termination disputes in the public sector whether they arise from grievances, unfair labour practices, the Public Sector Labour Management Council takes appropriate action and has original and exclusive jurisdiction (sec. 16 of Executive Order No. 180). N N
2019 Portugal Europe N N Art. 391 and 392 LC. Y
Y Reinstatement is the ordinary remedy available to the employee in the event of unlawful dismissal (see definition above) in addition to compensation for material and non-material damages unless he/she opts for compensation in lieu of reinstatement (see above). <br/><u>However in enterprises with fewer than 10 workers </u> or in the event of a <u>worker holding managerial functions</u>, the <u>employer may oppose the reinstatement</u> if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds. If the employer&apos;s request is accepted by the Court, employees will only be entitled to compensation (art. 392 LC)<br/><br/>In addition, reinstatement is not available in the case of minor procedural irregularities (art. 389(1) LC). Y
Y Preliminary conciliation by the judge is required in the initial phase of the hearings (art. 98 -I of the Code of Labour Procedure, and art. 52-53 of that Code).<br/><br/>See: Cu00f3digo de Processo do Trabalho: Decreto-Lei n.u00ba 480/99 as further amended. N No alternative arbitration. However, there is a national Labour Mediation System the parties can refer their dispute to. <br/>See information found on secondary source (Eurofound, EIROnline, Portugal: Individual disputes at the workplace- alternative disputes resolution, Author: Reinhard Naumann, 2010):<br/>On May 5th 2006 the Ministry of Justice and all peak organisations with access to the Standing Commission for Social Concertation (CPCS) signed a protocol for the creation of a Labour Mediation System (SML). In December 2006 the SML began to operate in the Metropolitan Areas of Lisbon and Porto. Since 2007 it has been extended to the complete territory of continental Portugal (except Madeira and the Azores). (...)<br/>The SML is entitled to deal with all kinds of labour disputes, except those related to work accidents and to inalienable and indispensable rights. The Ministry of Justice and UGT give the following examples for the intervention of the SML: conflicts related to the payment of compensations to be paid to dismissed employees and to other aspects of the cessation of a work contract, disputes regarding the transfer of an employee from one workplace to another or about his/her promotion, disputes about work schedules and the scheduling of company holidays, and the juridical nature of a work contract.<br/>According to UGT, most of the conflicts resolved by the SML are related to payments (of compensations, salaries etc.). N N Y
Y The Labour courts have exclusive jurisdiction over dismissal cases (see Code of Labour Procedure and art. 387 LC).<br/><b>Any legal action challenging the regularity and the fairness of an individual dismissal shall be brought within 60 days of receipt of the dismissal decision or of the date of termination of the contract</b>. (<u>Note that under the 2003 LC, this timeframe was 1 year</u>). The Decree-Law 295/2009 of 13 October 2009 introduced in the Code of Labour Procedure, new proceedings of an urgent nature to be observed in the event of a legal action challenging an individual dismissal (art. 98-B to 98-P LC).<br/><br/>(Any action challenging collective dismissals must be lodged within 6 months of the date of termination of the contract: art. 388(2) LC) N N N N
2019 Romania Europe Y
Y Y
Y Art. 80(2) (former Art. 78.2) LC provides that the court may order reinstatement only if expressly requested by the employee.<br/>Act No. 40/2011 added a new paragraph to art. 80 LC which reads as follows: &quot;(3) In the case in which the worker does not demand restoring the situation before the redundancy act was issued, the individual employment contract shall automatically end at the date the court decision remains definitive and irrevocable&quot;. N N N The Law no. Social Dialogue no 62/1011 only provides for arbitration as a mean of settlement of collective conflicts (which do not cover dismissal cases). Dismissal cases which fall within the category of individual conflicts are settled by the courts. N N Y
Y Based on Law No. 304/2004, specialised sections or panels for settling cases regarding labour disputes and social insurance were established at the tribunals and the courts of appeal.<br/>According to Art. 208 of the Law on Social Dialogue, individual labor disputes are resolved in the first instance by the tribunal. N N N N
2019 Russian Federation Europe Y
Y Article 394 of the Labour Code Y
Y Article 394 of the Labour Code N N N Y
Y Article 391 of the Labour Court N N N N N N
2019 Rwanda Africa N N Art. 30 LL. N N However, Art. 22 LL establishes that any employee dismissed for economic or technical reasons, and whose dismissal does not last more than six (6) months is entitled to be reinstated in employment without competition when he/she meets the profile required for the position to which the employer seeks to fill. Y
Y Art. 102 LL:<br/>When an individual labour dispute arises, the concerned party shall request the employees&apos; representatives to settle it amicably.<br/>- In case the dispute is not settled, it shall be referred to the local Labour Inspector for an out-of-court settlement. <br/>- When conciliation efforts fail, the dispute may be taken before the competent court. <br/>- If the above mentioned steps have not been followed, the court may declare the claim inadmissible. Y
Y Only for collective labour disputes (arts. 144-150 LL) Y
Y N N N N N N
2017 Saint Lucia Americas Y
Y Section 419 and 420 Labour Act: <br/>sec 419: Where the Labour Commissioner makes a statement of finding in accordance with section 415, he or she may recommend an appropriate remedy and in particular may - <br/>(a) in an unfair dismissal matter, recommend the payment of a sum of money equal to the loss of remuneration sustained from the date of dismissal.<br/><br/>If the recommended remedy is accepted by both parties, the remedy shall be registered by the Tribunal within three weeks and shall become binding as an award of the Tribunal. If not, the recommendation shall be forwarded to the Tribunal, which, in its discretion will accept or substitute the recommendation (section 420 Labour Code) <br/> Y
Y Section 419 Labour Act: Where the Labour Commissioner makes a statement of finding in accordance with section 415, he or she may recommend an appropriate remedy and in particular may -<br/>(B) Recommend the reinstatement or re-engagement of any employee where appropriate and in accordance with this Code.<br/><br/>See also section 442 Labour Code for reinstatement as an available option for Tribunals. <br/> N N Note that, section 402 stablishes that the Labour Commissioner shall promote the settlement of any differences between employers and employees in accordance with the provisions of this Code including the facilitation of any meetings for the purposes of conciliation between the parties to a trade dispute;<br/><br/>Conciliation procedures must be exhausted if it exists any arrangements for settlement of disputes by conciliation or arbitration made pursuant to an agreement between employersu2019 organizations and trade union organizations. The Labour Commission shall not, unless with the consent of both parties to the dispute, and unless and until there has been a failure to obtain a settlement by means of those arrangements, refer the matter for settlement in accordance with this Division. (Section 389 LA) <br/> Y
Y According to section 389 of the Labour Code, collective agreements may provide for conciliation and arbitration as a way of settling labour disputes. In such case, the Labour Commissioner shall abstain from considering the matter until those mechanisms are exhausted. N N Y
Y In individual disputes, the Labour Commissioner, part of the Department of Labour, has even more power to solve disputes (see section 403, 404 and 404 for collective disputes). Labour Commissioner will act as a first instance, and the matter will only be referred to the Tribunal in certain limited circumstances. <br/><br/>Section 410 Labour Act: (1) Except where provision is made under this Code for a complaint to be addressed directly to the Tribunal, any complaint made by an individual, alleging a contravention of any of the provisions of this Code, shall be made to the Labour Commissioner in first instance. (2) Upon receipt of a compliant under subsection (1), the Labour Commissioner may refer the matter to the Tribunal for determination. <br/>Section 417 Labour Act: (1) Subject to subsection (2), where a decision of an individual dispute has been made by the Labour Commissioner, that decision shall be final and binding. <br/>(2) Subsection (1) shall not apply where the matter is referred to the Tribunal for review. <br/><br/>Regarding the Labour Tribunal,<br/>Section 424. There is hereby established a tribunal to be known as the Labour Tribunal which shall have jurisdiction to hear and decide all matters referred to it in accordance with this Code. <br/> Y
Y In individual disputes, the Labour Commissioner, part of the Department of Labour, has even more power to solve disputes (see section 403, 404 and 404 for collective disputes). Labour Commissioner will act as a first instance, and the matter will only be referred to the Tribunal in certain limited circumstances. <br/><br/>Section 410 Labour Act: (1) Except where provision is made under this Code for a complaint to be addressed directly to the Tribunal, any complaint made by an individual, alleging a contravention of any of the provisions of this Code, shall be made to the Labour Commissioner in first instance. (2) Upon receipt of a compliant under subsection (1), the Labour Commissioner may refer the matter to the Tribunal for determination. <br/>Section 417 Labour Act: (1) Subject to subsection (2), where a decision of an individual dispute has been made by the Labour Commissioner, that decision shall be final and binding. <br/>(2) Subsection (1) shall not apply where the matter is referred to the Tribunal for review. <br/><br/>Regarding the Labour Tribunal,<br/>Section 424. There is hereby established a tribunal to be known as the Labour Tribunal which shall have jurisdiction to hear and decide all matters referred to it in accordance with this Code. <br/> N N
2017 Saudi Arabia Arab States Y
Y Art. 77 LL: &quot;If the contract is terminated for an invalid reason, the party who is harmed by such termination shall be entitled to indemnity to be assessed by the Commission for the Settlement of Labor Disputes, taking into account the termination circumstances and actual and potential material and moral damages sustained&quot;. Y
Y Art. 78 LL. Y
Y Prior to referrimg any dispute to the Commission (acting as a Labour Court), it shall be brought to the labour office which shall attempt to settle it amicably (art 220 LL).<br/>No information available as to any mandatory conciliation before the Commission for the Settlement of Labour Disputes. Y
Y Art. 224 LL: The parties can agree to settle the dispute through arbitration. N N Y
Y Art. 77 LL & art. 210 to 228 LL on labour disputes settlement.<br/>The competent body is the Commission for the Settlement of Labour Disputes which is part of the judiciary. <br/>The Commission can only be seized after the amicable settlement before the labor office has failed.<br/> N N N N
2019 Senegal Africa Y
Y Art. L56 LC Y
Y Art. L217 LC. Reinstatement when a worker&apos;s representative has been dismissed without prior authorization from the Labour Inspector.<br/> Y
Y Art. L251 LC: conciliation is part of the procedure to be followed before the labour courts. N N N Y
Y Art. L229 LC N