The Labour Law does not regulate compensation for unfair dismissal. The only provision regarding remedies for unfair dismissal is under Section 132 LL 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".

→ Section 27(1) LL provides that: If the organization stops operating as a result of unexpected events and its employees become jobless, as it restarts its activities, it must reemploy its previous experienced workers in the relevant units
→ Section 132 LL indicates that: If the employee is dismissed illegally, and re-employed to the previous job after the decision of the Dispute Settlement Commission or court decision, his/her payments and other allowances of the dismissal period shall be made as per the average salary and other benefits of the last six months prior to dismissal.

Conciliation is not compulsory
→ Section 131(1) LL provides that "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 the basis of the provisions of this Code and the supplement regulations and orders in relation to work."

No statutory provisions were found in the examined legislation in this respect.

→ Section 98 LL indicates that: Should the employee consider the disciplinary actions to be unjustified, he/she can lodge a complaint to the Labour Dispute Settlement Commission of the relevant organization presenting reasons and evidence for its being unjustified.
If the Labour Dispute Settlement Commission of the relevant organization does not take any action to remove unjustified disciplinary measures, the employee can complain to the Central Dispute Settlement Commission.
In case the dispute cannot be solved between the involved parties, the issue will be presented to the relevant court.
→ Section 131(2) provides that If the work related disputes cannot be resolved by the organization and employee or trainee, at first instance it should be resolved through Dispute Settlement Commission of the organization, and if not, then at the second instance, the issue will be resolved by the High Commission of Work Related Dispute Resolution, otherwise the issue will be decided by a competent court.
→ Section 132 LL refers to the reinstatement decision of the Dispute Settlement Commission or the Court.
→ Section 133 LL stipulates that: The issues for establishment and composition of work related Dispute Settlement Commissions
and addressing work related disputes will be regulated by the relevant legislative document.
However, statutory provisions were found in the examined legislation in this respect.

→ Section 98 LL indicates that: Should the employee consider the disciplinary actions to be unjustified, he/she can lodge a complaint to the Labour Dispute Settlement Commission of the relevant organization presenting reasons and evidence for its being unjustified.
If the Labour Dispute Settlement Commission of the relevant organization does not take any action to remove unjustified disciplinary measures, the employee can complain to the Central Dispute Settlement Commission.
In case the dispute cannot be solved between the involved parties, the issue will be presented to the relevant court.
→ Section 131(2) provides that If the work related disputes cannot be resolved by the organization and employee or trainee, at first instance it should be resolved through Dispute Settlement Commission of the organization, and if not, then at the second instance, the issue will be resolved by the High Commission of Work Related Dispute Resolution, otherwise the issue will be decided by a competent court.
→ Section 132 LL refers to the reinstatement decision of the Dispute Settlement Commission or the Court.
→ Section 133 LL stipulates that: The issues for establishment and composition of work related Dispute Settlement Commissions
and addressing work related disputes will be regulated by the relevant legislative document.
However, statutory provisions were found in the examined legislation in this respect.

▶ LRA as amended by the Law n° 91-29 of 21 December 1991, modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-4 LRA 1991 indicates that: In the event of a presumed unfair dismissal or a dismissal carried out in violation of mandatory legal and/or contractual procedures, the employee may file a claim for annulment of the dismissal decision and/or for damages to compensate for the harm suffered with the competent court, which shall rule in the first and last instance.

▶ LRA as amended by the Law n° 91-29 of 21 December 1991, modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-4 LRA 1991 indicates that: In the event of a dismissal presumed to be unfair or carried out in violation of mandatory legal and/or contractual procedures, the worker may file a claim for annulment of the dismissal decision and/or for damages in compensation for the harm suffered with the competent court which shall rule in first and last instance.
▶ Ordinance No. 96-21 of July 9, 1996, amending and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 9 of the Ordinance No. 96-21 of 1996 modifies the provisions of Section 73-4 of the LRA 1991 as follows:
- If a worker is dismissed in violation of mandatory legal and/or contractual procedures, the Court hearing the case, ruling in the first and last instance, shall annul the dismissal decision for failure to comply with procedures, order the employer to complete the prescribed procedure, and award the worker, at the employer's expense, financial compensation that may not be less than the worker's salary as if they had continued working.
- If a worker is dismissed in violation of the provisions of Section 73 above, it shall be presumed to be unfair. The Court, having been seized of the matter, rules in the first and last instance, and decides either on the reinstatement of the worker in the company with maintenance of acquired benefits, or, in the event of refusal by one or the other party, on the granting to the worker of financial compensation which may not be less than six (6) months' salary, without prejudice to any potential damages. The judgment rendered in this matter is subject to appeal to the Higher Court (Cour de Cassation).

▶ LRA 1990
Section 120(11) LRA 1990 indicates that collective agreements concluded under the conditions set out in this law address employment and working conditions and may, in particular, address, among others: Conciliation procedures in the event of a collective labour dispute.
▶ Law No. 90-04 of February 6, 1990 on settlement of individual labour disputes [ILDSA].
For preliminary mandatory conciliation before the Conciliation Office (Bureau de Conciliation):
→ Section 19 of ILDSA indicates that: Any individual employment dispute must, before any legal action, be subject to an attempt at conciliation before the conciliation board.
▻ However, the conciliation procedure referred to in the paragraph above is optional when the defendant resides outside the national territory, as well as in cases of bankruptcy or judicial reorganization of the employer.
▻ Individual employment disputes involving civil servants and agents governed by the regulations applicable to public institutions and administrations are excluded from the jurisdiction of the conciliation boards.
→ Section 6 of the ILDSA provides for the composition of the Conciliation Office which is made up of 2 representatives of the employers and 2 workers' representatives.

▶ Law No. 23-08 of June 21, 2023, concerning the prevention and resolution of collective labour disputes and the right to strike.
→ Section 4 of the Law No. 23-08 defines conciliation as a method of amicably resolving collective labour disputes, with the assistance of a third party called a "conciliator," whose role may be specified in the collective bargaining agreement.
The purpose of conciliation is to bring the parties to the dispute together, to allow them to confront each other, and to attempt to reach an amicable agreement.
If the conventional conciliation procedures are absent or unsuccessful, the parties must then follow the conciliation procedures established by law before the labour inspectorate.
▷ Sections 7 to 13 of the Law No. 23-08 provide for conciliation procedure. A summary of the provision is presented below:
→ Section 7: In case of a collective labour dispute, parties must first attempt internal conciliation as per applicable collective agreements. If unsuccessful, the most diligent party refers the dispute to the competent labour inspectorate, which initiates statutory conciliation.
→ Section 8: The labour inspector must conduct mandatory conciliation. Parties are summoned to a first hearing within 8 working days of referral. The inspector records positions, may investigate the employer and union, and request relevant documents. Parties must cooperate fully. If the dispute stems from non-compliance with laws or agreements, the inspector ensures enforcement.
→ Section 9: Parties must attend conciliation meetings and hearings. They freely designate empowered representatives in writing. The inspector may limit the number of attendees. Non-attendance leads to a second summons within 72 hours.
→ Section 10: Failure to respond to the second summons results in the inspector issuing a report of infringement and a report of failure (constat de carence), equivalent to a finding of non-conciliation.
→ Section 11: Conciliation must conclude within 15 working days from the first hearing. The inspector drafts a signed minutes recording agreed points and any remaining disputes. Agreed terms become enforceable upon deposit of the minutes at the competent court registry.
→ Section 12: In case of total or partial failure, the inspector issues a non-conciliation report, sent by legal means to the parties, the relevant wali (governor), and the Minister of Labour.
→ Section 13: For disputes exceeding the enterprise level and affecting essential services, the relevant sector minister may request (within 8 working days of non-conciliation) a second conciliation attempt via the Minister of Labour. This second procedure must end within 5 working days (extendable by mutual agreement).

▶ Law No. 23-08 of June 21, 2023, concerning the prevention and resolution of collective labour disputes and the right to strike.
→ Section 4 of the Law No. 23-08 defines arbitration as a method of resolving collective labour disputes, which involves, after formal agreement from each party to the dispute, a third party called an "arbitrator," in accordance with the general rules of arbitration set forth in the Code of Civil and Administrative Procedure.
Arbitration may be mandatory, in accordance with the forms and conditions established by this law, before the National Arbitration Commission or the Wilaya Arbitration Commission, as the case may be. The essential function of arbitration is to render a decision in the form of an arbitral award.
▷ Sections 20 and 21 of the Law No. 23-08 provide for arbitration. A summary of the provision is presented below:
→ Section 20: When parties agree to submit the dispute to arbitration after failure of conciliation and mediation, the provisions of the Code of Civil and Administrative Procedure on arbitration apply, subject to specific rules in this law. The arbitral award must be issued as a final resort within 30 working days of the arbitrators' designation. It is binding on the parties, who must execute it, notwithstanding any appeal filed within 3 working days of notification under the conditions of the Code of Civil and Administrative Procedure.
→ Section 21: Parties must appear before the arbitrator. They may be represented by a duly authorized representative. Any legal entity involved in the collective labour dispute must be represented by its legal representative.

▶ Law No. 90-04 of February 6, 1990 on settlement of individual labour disputes [ILDSA].
According to the ILDSA, disputes regarding termination of employment are heard by the tribunal competent over labour matters [le "Tribunal siégeant en matiere sociale"] (§ 20 ILDSA). This tribunal shall comprise a judge and representatives of workers and employers (§ 8 ILDSA).
→ Section 20 of the ILDSA indicates that: Subject to the provisions of Section 7 of the Code of Civil Procedure, the courts sitting in social matters have jurisdiction over:
- individual employment disputes arising from the performance, suspension, or termination of an employment relationship, a training contract, or an apprenticeship contract;
- and all other matters expressly assigned to them by law.
→ Section 8 of the ILDSA provides that: The tribunal, competent for social matters, operates under the presidency of a magistrate assisted by two (2) employee assessors and two (2) employer assessors. The tribunal may validly sit in the presence of at least one (1) employee assessor and one (1) employer assessor.

Under the GLL of 2023, compensation for unfair dismissal (referred to as Indemnização por despedimento individual in the context of unlawful dismissal) is not subject to free determination by the court. Instead, it follows a specific formula outlined in the law, with a minimum threshold, as detailed in section 310: (base salary × years of service) with a mandatory minimum of three months’ salary, ensuring consistency and predictability.
Additionally, section 309 (Indemnização por não reintegração) provides for cases where an employee is not reinstated or chooses not to be reinstated after an unlawful dismissal. In such cases, the indemnity is 50% of the base salary multiplied by the number of years of service.

▷Reinstatement is required in cases of Unlawful dismissal:
▻ Unlawful dismissal by the abusive exercise of disciplinary power in events related to "legitimately complained about working conditions and the violation of workers' rights" (§ 97 (1)(a) of GLL 2023) and the "exercise of union activities or representation" (§ 97 (1)(b) of GLL 2023).
▻ In addition, under section 300 (1)(b)of GLL 2023, if the dismissal has been declared unlawful, the employer must reinstate the worker.

▷ The GLL 2023 does not mandate preliminary conciliation for termination of employment or dismissal cases.
▻ However, collective dismissals (≥5 employees) require a mandatory consultation phase with worker representatives and Inspectorate oversight (§ 291 of GLL 2023), and individual dismissals involve administrative review (§ 285 of GLL 2023).
Section 285 (4) of GLL 2023 on "procedure for individual dismissal" indicates that: Employees or their representatives may, in case of disagreement, challenge the dismissal decision in the competent court, without prejudice to the extrajudicial dispute resolution mechanisms provided for in this Law".
▻ Disputes over unlawful dismissals proceed to courts without mandatory mediation (§ 301 of GLL 2023).

▷ No reference is made to voluntary arbitration for termination or dismissal disputes. However, parties may voluntarily agree to arbitration as the GLL 2023 does not prohibit arbitration, but it lacks specific provisions requiring or structuring arbitration for such cases.

▷ Labour Courts have jurisdiction over all labour disputes.
→ Section 301 (1) of the GLL 2023, on "jurisdiction of the court" indicates that: It is up to the court to declare the waiver unlawful and determine its effects, in accordance with the law.
→ Section 317 (1) of the GLL 2023 on dispute resolution indicates that: The Courts have jurisdiction to hear and judge all labour disputes, without prejudice to the use of alternative means of conflict resolution.

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, or the payment of a sum of money in lieu of such reinstatement"

See sec. B12 LC as amended by sec. 6 LCA.

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).
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).

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)

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).

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.
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.

Mandatory conciliation is foreseen in Art. 1 of Act 24.635 (Ley Nº 24.635 - Procedimiento laboral. Conciliación obligatoria previa. Modificación de la ley 18.345)

Act available at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/36739/norma.htm

Voluntary arbitration is foreseen in Art. 28 of Act 24.635 when mandatory conciliation fails (Ley Nº 24.635 - Procedimiento laboral. Conciliación obligatoria previa. Modificación de la ley 18.345)

Act available at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/36739/norma.htm

See also Article 149ff Ley Nacional de Empleo (Ley 18.435)

Art. 20, Organization and Procedures of National labour Justice, Act No. 18.345.

Art. 265 LC

Art. 264 LC

Section 392 FWA provides for Remedy - compensation, indicating that :
‣ Compensation
(1) An order for the payment of compensation to a person must be an order that the person’s employer at the time of the dismissal pay compensation to the person in lieu of reinstatement.
‣ Criteria for deciding amounts
(2) In determining an amount for the purposes of an order under subsection (1), the FWC must take into account all the circumstances of the case including:
(a) the effect of the order on the viability of the employer’s enterprise; and
(b) the length of the person’s service with the employer; and
(c) the remuneration that the person would have received, or would have been likely to receive, if the person had not been dismissed; and
(d) the efforts of the person (if any) to mitigate the loss suffered by the person because of the dismissal; and
(e) the amount of any remuneration earned by the person from employment or other work during the period between the dismissal and the making of the order for compensation; and
(f) the amount of any income reasonably likely to be so earned by the person during the period between the making of the order for compensation and the actual compensation; and
(g) any other matter that the FWC considers relevant.
‣ Misconduct reduces amount
(3) If the FWC is satisfied that misconduct of a person contributed to the employer’s decision to dismiss the person, the FWC must reduce the amount it would otherwise order under subsection (1) by an appropriate amount on account of the misconduct.
‣ Shock, distress etc. disregarded
(4) The amount ordered by the FWC to be paid to a person under subsection (1) must not include a component by way of compensation for shock, distress or humiliation, or other analogous hurt, caused to the person by the manner of the person’s dismissal.
‣ Compensation cap
(5) The amount ordered by the FWC to be paid to a person under subsection (1) must not exceed the lesser of:
(a) the amount worked out under subsection (6); and
(b) half the amount of the high income threshold immediately before the dismissal.
(6) The amount is the total of the following amounts:
(a) the total amount of remuneration:
(i) received by the person; or
(ii) to which the person was entitled;
(whichever is higher) for any period of employment with the employer during the 26 weeks immediately before the dismissal; and
(b) if the employee was on leave without pay or without full pay while so employed during any part of that period—the amount of remuneration taken to have been received by the employee for the period of leave in accordance with the regulations.

→ Sections 390 FWA provides that:
(1) Subject to subsection (3), the FWC may order a person’s reinstatement, or the payment of compensation to a person, if:
(a) the FWC is satisfied that the person was protected from unfair dismissal (see Division 2) at the time of being dismissed; and
(b) the person has been unfairly dismissed (see Division 3).
(2) The FWC may make the order only if the person has made an application under section 394.
(3) The FWC must not order the payment of compensation to the person unless:
(a) the FWC is satisfied that reinstatement of the person is inappropriate; and
(b) the FWC considers an order for payment of compensation is appropriate in all the circumstances of the case.
→ Section 391 (1) FWA reads as follows:
"Reinstatement
(1) An order for a person's reinstatement must be an order that the person's employer at the time of the dismissal reinstate the person by:
(a) reappointing the person to the position in which the person was employed immediately before the dismissal; or
(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.
(1A) If:
(a) the position in which the person was employed immediately before the dismissal is no longer a position with the person's employer at the time of the dismissal; and
(b) that position, or an equivalent position, is a position with an associated entity of the employer;
the order under subsection (1) may be an order to the associated entity to:
(c) appoint the person to the position in which the person was employed immediately before the dismissal; or
(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 [...]"

→ Under section 368 FWA, 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 as mediation, conciliation, making a recommendation or expressing an opinion. It usually convenes a conciliation conference of the parties, which is held by telephone with a conciliator from the Fair Work Commission.

▷ Under section 369 FWA, where 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.
→ Section 369 on "Dealing with a dismissal dispute by arbitration" indicates that:
(1) This section applies if:
(a) the FWC issues a certificate under paragraph 368(3)(a) in relation to the dispute; and
(b) the parties notify the FWC that they agree to the FWC arbitrating the dispute; and
(c) the notification:
(i) is given to the FWC within 14 days after the day the certificate is issued, or within such period as the FWC allows on an application made during or after those 14 days; and
(ii) complies with any requirements prescribed by the procedural rules; and
(d) sections 726, 728, 729, 730, 731 and 732 do not apply.
Note: Sections 726, 728, 729, 730, 731 and 732 prevent multiple applications or complaints of a kind referred to in those sections from being made in relation to the same dispute. A notification can only be made under this section where there is no such other application or complaint in relation to the dispute at the time the notification is made. Generally, once a notification is made no such application or complaint can be made in relation to the dispute (see section 727).
(2) The FWC may deal with the dispute by arbitration, including by making one or more of the following orders:
(a) an order for reinstatement of the person;
(b) an order for the payment of compensation to the person;
(c) an order for payment of an amount to the person for remuneration lost;
(d) an order to maintain the continuity of the person’s employment;
(e) an order to maintain the period of the person’s continuous service with the employer.
(3) A person to whom an order under subsection (2) applies must not contravene a term of the order.

▷ Unfair dismissal disputes are decided by the Fair Work Commission (which is the national workplace relations tribunal) (§§ 385, 390 FWA)
▷ 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 (§ 369 FWA). Otherwise, the applicant can then make an application to an ordinary court to deal with the matter (§ 370 FWA).
A person cannot make a general protections dismissal application at the same time as an unfair dismissal application.

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.

Chapter 4 Code of Civil Procedure as amended by the New Arbitration Law 2013 ("Schiedsrechts-Änderungsgesetz").

Sec. 105(4) WCA and 50 (1) Labour and Social Court Act.

Art. 290 and 300 LC

Art. 294 LC

Art. 265 LC

Art. 296 LC

The LA does not specify the powers of the Court with respect to awarding damages.
→ Section 33(4) LA refers to the power of the Court to "make such orders as it may deem just and proper". This includes awarding damages.
Note. Under section 33(5) LA, the Court may order reinstatement (with or without back wages/arrear wages) or convert the dismissal into a lesser punishment. The Court may also award compensation or monetary relief where reinstatement is not appropriate. There is no statutory ceiling or fixed formula for compensation; the amount is determined at the Labour Court's discretion.

→ Section 33(5) LA provides that: 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).

▷ Conciliation is only foreseen for the settlement of industrial disputes (§ 210 LA).
‣ An industrial dispute is defined as "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" (§ 2(62) LA).
‣ An industrial dispute is deemed to exist only if it has been raised by a collective bargaining agent or an employer (§ 209 LA).

▷ Note: Arbitration is only provided for in the event of an industrial dispute (§ 210 LA) which "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" (§ 2(62) LA) and which is deemed to exist only "if it has been raised by a collective bargaining agent or an employer" (§ 209 LA).

▷ Note that only workers who have been "discharged", "dismissed" or "retrenched" (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.
‣ Workers who have been "terminated" 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 (§ 33(9) LA).
‣ The worker must start a grievance procedure by submitting his/her complaint to the employer, in writing, within 30 days of being informed of 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 (§ 33(1) & (2) LA ).
‣ If the employer fails to give an answer or if the worker is not satisfied with the employer's statement, the worker can bring a complaint before the Labour Court within 30 days (§ 33(3) LA).
‣ The Court shall issue a decision within 60 days following the filing of the case (§ 216(11) LA).
‣ Appeals against the court's decision shall be lodged with the Labour Appellate Tribunal within 30 days of the court's order (§ 33(6) LA).

Except for workers’ representatives on works councils and health, safety and working conditions committees.

Art. 578 of the Judiciary Code

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.
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.

Only for collective labour disputes

Only in the case of collective labour dispute

Article 6 of Labour Code Procedure provides that the special jurisdiction of labour and social security is exercised permanently:

a) By the Labour and Social Security Courts, as first instance courts;
b) By the National Labour and Social Security Court, as the Court of Appeal; and
c) By the Supreme Court of Justice in its Social and Administrative Chamber, as Court of Cassation.

Sec. 27 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. 27(1)(a)).

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. 27 (2)).

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.

Competent court(s) / tribunal(s): Commissioner of Labour and Industrial Court

Sec. 6 of the Trade Disputes Act provides for the referral of disputes to the Commissioner of Labour. Sec. 6(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.

Sec. 20 of the Trade Disputes Act grants the Industrial Court jurisdiction to hear cases regarding the wrongful termination of a contract or disciplinary action. As such, under sec. 27(1), in any case where the Court determines that an employee has been wrongfully dismissed or disciplined, the Court may, subject to its discretion, make any other order which it considers just-
(a) in the case of wrongful dismissal, order reinstatement of the employee, with or without compensation, or order compensation in lieu of reinstatement

Compensation through the FGTS system is usually the only remedy for unfair dismissal.
However reinstatement is available in the following situation:
* 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).
* The same rules apply to those categories of employees enjoying job stability (i.e. pregnant women, member of a trade union board and workers' 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.

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.

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).
As a result, the arbitration that, according to article 114, § 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.

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.
- 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).

Art. 225 (1) LC

Art. 344 (1) LC. Right of the employee to demand reinstatement.

Art. 344 (4) LC refers to district and regional courts.

→ Section 74 LC indicates that: The amount of damages is generally determined by taking into account all factors that may justify the existence of the harm caused and determine its extent, including:
1) when the employee is responsible, the harm suffered by the employer due to the breach of contract, up to a maximum of six months' salary;
2) when the employer is responsible, customary practices, the nature of the services performed, the length of service, the employee's age, and acquired rights.
In all cases, the amount of damages awarded may not exceed eighteen months' salary.
These damages are distinct from compensation for failure to observe notice or from severance pay.

→ Section 70 LC indicates that: (...). Any unfair dismissal entitles the worker to reinstatement and, in the event of opposition or refusal to reinstatement, to the payment of damages.

Before bringing the dispute to court, the parties have the obligation to resort to extra-judicial conciliation before the Labour Inspector.
→ Section 320 LC indicates that: Every employer or worker must request the labour inspector, their delegate, or their legal representative to attempt to resolve the dispute amicably with the other party.
The labour inspector, upon receiving a summons for an individual labour dispute, will convene the parties for a conciliation hearing, indicating the applicant's full name, occupation, and address, as well as the subject of the request, and the date, time, and place of the hearing.
The summons will be served in person or at the employee's residence by an administrative agent or by any other appropriate means.
The parties may be assisted at the conciliation hearings by an employer or worker from the same industry or any other person of their choosing.
→ Section 321 provides that: In the event of conciliation, a conciliation report is drawn up, formalizing the amicable settlement of the dispute.
The conciliation report contains, in addition to the standard information required for its validity:
1) a statement of the various grounds for the claim;
2) the points on which the conciliation took place and the amounts agreed upon for each item of the claim;
3) the grounds for the withdrawn of the claim by the claimant.
The conciliation report must be drawn up and signed immediately by the labour inspector, their delegate or legal representative, and by the parties to the dispute.

Sections 372 to 381 of the LC provide for arbitration where conciliation has failed.
→ Section 372 LC states that: Within a maximum period of ten days following receipt of the report of non-conciliation transmitted by the labour inspector or the director of labour, the minister responsible for labour refers the dispute to an arbitration board composed of the president of the Court of Appeal and two members designated from the list of arbitrators provided for in Section 373 below.
→ Section 373 LC indicates that: Arbitrators are appointed every four years from a list established by regulation by the Minister of Labour after consultation with the Labour Advisory Committee.
Arbitrators are chosen for their moral authority and expertise in economic and social matters, excluding, however, current civil servants, individuals who participated in the conciliation attempt, and those with a direct interest in the dispute. The term of office for arbitrators is renewable.
→ Section 374 LC stipulates that: The arbitration board may not rule on matters other than those specified in the minutes of non-conciliation or those that are a direct consequence of the dispute in question.

→ Section 338 LC indicates that: The Labour Court has jurisdiction over individual disputes that may arise between workers, trainees and their employers, apprentices and their masters, in connection with the performance of contracts.
▻ It also has jurisdiction over:
1) disputes arising from the application of the social security system;
2) individual disputes relating to the application of collective bargaining agreements and the decrees replacing them;
3) disputes arising between workers in connection with the employment contract, as well as direct actions by workers against the employer, as provided for in Section 80 of the Labour Code;
4) disputes arising between workers and employers in connection with work;
5) disputes arising between social security institutions and their members;
6) recourse actions by contractors against subcontractors.

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'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).

Art. 385 LC

Preliminary conciliation is only an option for individual disputes.
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.

However, conciliation is mandatory for collective (interest and rights) disputes : art. 305 LC.

Settlement by the Arbitration Council is compulsory when conciliation failed for collective disputes (rights and interest): art. 309 LC.
The arbitration council has developed a body of reliable jurisprudence on termination of employment.
http://www.arbitrationcouncil.org/eng_index.htm

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.

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.

→ Section 39 LC states that:
(1) Every wrongful termination of a contract may entail damages. In particular dismissals effected because of the opinions of the worker or his membership or non-membership of a particular, trade union shall be considered to be wrongful.
(2) The competent court may ascertain the wrongful nature of the termination by investigating the causes and circumstances thereof. The judgment must expressly mention the reason put forward by the party terminating the contract.
(...).
(4) Damages shall be assessed with due regard to all factors indicating that prejudice has been caused and all factors determining the extent of such prejudice, and in particular, with due regard :
(a) Where the worker is responsible, to his qualification and post;
(b) Where the employer is responsible for whatever type of employment, the worker's seniority with the employer, his age and any vested rights. However, the damages shall not be less than three months' salary or more than one month's salary per year of service in the enterprise.
(5) If the worker is rightfully dismissed by the employer without respecting the formalities provided for, the amount of damages shall not exceed one month's salary.
(6) The salary to be taken into consideration in the above paragraphs shall be the gross average monthly salary of the worker's last twelve months of activity.
(7) These damages shall be distinct from pay in-lieu-of notice and severance pay.

▷ There is no information with regard to the reinstatement of workers in general. However, in the specific case of wrongful suspension of staff representatives, the Labour Code requires reinstatement.
→ Section 130(4) LC: However, in cases of serious misconduct, the employer may temporarily suspend the staff representative, pending the decision of the Labour Inspector. If the authorization is not granted, the staff representative shall be reinstated with full pay for the period of the suspension.

→ Section 139 LC indicates that :
(1) Any worker or employer shall request the competent Labour Inspector to settle the dispute out of court.
(2) Rules relating to summons and appearance before the court shall be determined by order following the recommendation of the National Labour Advisory Board.
(3) In the case of an amicable settlement, the terms there of shall be embodied in a statement of conciliation made out by the Labour Inspector and signed by him and by the parties. Such settlement of the dispute shall be applicable when the statement of conciliation has been endorsed by the president of the competent court and marked for enforcement.
(4) In cases of partial conciliation, the statement of non conciliation shall mention the points on which agreement has been reached and those on which disagreement persists.
(5) If the attempt at conciliation fails, the inspector of labour and social insurance or his representative shall make out a statement of non-conciliation.
(6) In all cases referred to above, a copy of the statement signed by the Labour Inspector and by the parties shall be addressed to the president of the competent court, and handed to the parties.
▷ Sections 158 to 164 of LC provide for conciliation.
→ Section 158 LC indicates that:
(1) The competent Inspector of Labour and Social Insurance shall be immediately notified by the most diligent party of collective dispute.
(2) Where the collective agreement does not provide for a conciliation procedure or in case of failure of such procedure, the competent Inspector of Labour Insurance shall immediately convene the parties and attempt to bring about an amical settlement.
(3) Either of the parties may empower representative to take part in the conciliation proceedings on its behalf. If a party does no appear and has not duly appointed a representative, the Inspector of Labour and Social Insurance shall make a report to that effect, and the defaulting party may, on the basis of the said report, be sentenced to a fine of not less than 50,000 and not more than 500,000 francs.
(4) The Inspector of Labour and Social Insurance shall convene the parties to meet again not more than forty-eight hours thereafter.
→ Section 159 stipulates that:
(1) At the end of the attempt at conciliation the Inspector of Labour and Social Insurance shall made a report stating either the agreement or partial or the total disagreement of the parties. The latter shall sign the statement and shall each receive a copy thereof.
(2) Any agreement by conciliation shall be enforceable as laid down in Section 139.
→ Section 160 LC provides that: If the attempt at conciliation fails, the Inspector of Labour and Social Insurance shall be bound to refer the dispute to the arbitration procedure defined herein-after, within eight (8) clear days.
→ Section 164 States that:
(1) The putting in to effect of a conciliation agreement or of an award in respect of which no stay of execution has been allowed shall be mandatory. If such agreement or award does not specify a date in this regard, it shall have effect as from the date of the attempt at conciliation.
(2) A trade union or employer's association duly established in conformity with this law may institute any proceeding arising out of a conciliation agreement or arbitration award in respect of which no application has been made for a stay of execution.
(3) Conciliation agreements and arbitration awards shall be immediately posted up in the offices of the inspectorate of labour and social insurance and published in the Official Gazette.
(4) The minutes of agreements and of awards shall be deposited at the registry of the high court of the place of the dispute.
(5) The conciliation and arbitration procedures shall be free of charge.

→ Section 157(2) LC indicates that: Settlement of any collective labour dispute shall be subject to conciliation and arbitration procedure as provided for in Sections 158 and 164 hereunder.
▷ Sections 161 to 164 provide for the arbitration
→ Section 161 LC indicates that:
(1) The arbitration of any collective labour dispute, which has not been settled by conciliation, shall be undertaken by an arbitration board established in the area of each appeal court and composed as follows :
(a) Chairman: A judicial officer of the competent court of appeal
(b) Members :
(i) An employer assessor;
(ii) A worker assessor.
(2) The two assessors shall be designated by the chairman of the arbitration board from among assessors appointed to the high court of the area.
(3) A registrar of the court of appeal shall act are secretary.
→ Section 162 provides that:
(1) The arbitration board shall not make and award on any matter except those set down in the statement of non-conciliation and those which have arisen out of events subsequent to the making of the said statement and are a direct consequence of the dispute.
(2) The board shall give its award in law in disputes regarding the interpretation and application of laws, regulations, collective agreements and company agreements currently in force.
(3) It shall give its award in equity in other disputes, particularly those relating to wages or to conditions of employment if the latter are not determined by legislative provisions, regulations, collective agreements or company agreements currently in force, and in disputes relating to the negotiations or revision of clauses or collective agreements.
(4) The arbitration board shall have the wide powers to obtain information on the economic situation of the undertakings and on the situation of the workers concerned in the dispute.
(5) It may make any necessary investigations of undertakings and trade unions and employers' associations and it may require the parties to produce any document or to provide any information, whether economic, accounting, financial, statistical or administrative, which may be useful to it in the performance of its duties.
(6) It may have recourse to experts and, in general, to any person duly qualified and likely to be able to inform it.
→ Section 163 indicates that :
(1) An arbitration award shall be notified to the parties without delay by the competent inspector of labour and social insurance.
(2) If, at the expiration of a period of eight clear days after notification, neither party has applied for a stay of execution, the award become effective in accordance with the provisions of Section 164 hereunder. The same shall apply if an application for stay, having been made, is withdrawn before the expiration of the said period.
(3) An application for stay of execution shall be valid only if it is made by registered letter, with acknowledgement of receipt, sent to the Inspector of Labour and Social Insurance of the area.
→ Section 164 states that:
(1) The putting in to effect of a conciliation agreement or of an award in respect of which no stay of execution has been allowed shall be mandatory. If such agreement or award does not specify a date in this regard, it shall have effect as from the date of the attempt at conciliation.
(2) A trade union or employer's association duly established in conformity with this law may institute any proceeding arising out of a conciliation agreement or arbitration award in respect of which no application has been made for a stay of execution.
(3) Conciliation agreements and arbitration awards shall be immediately posted up in the offices of the inspectorate of labour and social insurance and published in the Official Gazette.
(4) The minutes of agreements and of awards shall be deposited at the registry of the high court of the place of the dispute.
(5) The conciliation and arbitration procedures shall be free of charge.

→ Section 131 LC indicates that: Any individual dispute arising from a contract of employment between workers and their employers or from a contract of apprenticeship shall fall within the jurisdiction of the court dealing with the labour disputes in accordance with the legislation on judicial organization.
→ Section 133 LC stipulates that:
(1) The court dealing with labour disputes shall be composed of:
(a) a president who shall be a judicial officer ;
(b) an employer assessor and a worker assessor chosen from the lists drawn up in accordance with Section 134 below;
(c) a registrar.
(2) The president shall designate the assessors who are to sit for each case.
(3) Where one or both of assessors duly summoned to attend fail to do so, the president shall summon them again. In the event where one or both of the assessors still fail to attend, the president shall sit alone.
(4) In the case referred to in the foregoing subsection, the judgment shall make mention of the duly justified absence of one or both of the assessors.
(5) Except in a case of force majeure, any assessor who is absent three times during his term of office shall be relieved of his duties. Another assessor designated from the list drawn up for the sector of activity concerned shall replace him for the remaining period of his term of Office.

Sec. 242(4)a) CLC (see below).

Sec. 242(4)b) CLC.

Sec. 241(2) CLC: on receipt of a complaint of unjust dismissal, the inspector shall endeavour to assist the parties to settle the
complaint or cause another inspector to do so.

Arbitration is the ordinary way of settling unjust dismissal cases.
- 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)
- 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)
Every order of an adjudicator is final and shall not be questioned or reviewed in any court. (sec. 243(1) CLC)

▷ Note: 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's seniority and age, any deductions or payments made to a retirement plan, and other established rights.
→ Section 156 LC indicates that: The amount of damages is determined taking into account all factors that may justify the existence and extent of the harm caused, including:
- when the responsibility lies with the worker, the harm suffered by the employer due to the non-performance of the employment contract;
- when the responsibility lies with the employer, customary practices, the nature of the services performed, the worker's seniority, services, age, and any acquired rights related to the worker's family situation.

→ Section 144 (2) LC indicates that: (...). In the event of unjustified dismissal, if its annulment and/or the reinstatement of the worker are not possible, the employer is required to pay the worker, in addition to legal rights, damages.

→ Section 346 LC stipulates that: Conciliation is mandatory before the Labour and Social Laws Inspector of the relevant jurisdiction.
→ Section 347 states that: Requests for the amicable settlement of individual labour disputes must be submitted in writing to the relevant Labour Inspectorate.

▷ For Collective labour disputes only
→ Section 204 LC provides that: Collective agreements may (...) contain: the contractual arbitration procedures according to which collective labour disputes that may arise between workers and employers bound by the agreement are or may be settled.
→ Section 369 LC indicates that: In the event of a failure of conciliation, the Labour and Social Laws Inspector or the Director of Labour shall immediately submit a report on the state of the dispute, accompanied by documents and information gathered by him/her, to the President of the Labour Court for the purpose of referring the matter to the Arbitration Commission.
→ Section 370 LC stipulates that: Arbitration of collective disputes not resolved through conciliation is ensured by an arbitration board composed as follows:
- President: a judge of the Court of Appeal appointed by the President of the Court of Appeal of the relevant jurisdiction.
- Members: two employer assessors and two employee assessors with no interest in the dispute, appointed from among the assessors of the labour courts by decision of the President of the Court of Appeal of the relevant jurisdiction.
→ Section 375 provides that: The conciliation and arbitration procedures are free of charge.

→ Section 354 LC indicates that: The Labour Courts have jurisdiction over individual disputes that may arise between workers and employers concerning the employment contract, working conditions, health and safety, workplace accidents and occupational diseases, and the social security system.
They are competent to rule on all individual disputes relating to apprenticeship contracts, collective bargaining agreements, company-level collective agreements, or equivalent decrees. Their jurisdiction extends to disputes arising between workers in the course of their work.
Their jurisdiction also extends to recourse actions by contractors against subcontractors in the cases provided for in Section 177 of this Code.
→ Section 355 LC provides that: The competent court is that of the place of work. However, the worker may also, in the event of termination of the employment contract, bring the matter before the Court of the place of recruitment or that of the employer's domicile, provided that these are located in Central African territory.
→ Section 356 LC stipulates that: Labour Courts are the courts of general jurisdiction in matters of social law. They are presided over by judges of the judicial order and are under the supervision of the Minister of Justice.

▷ The statutory framework limits judicial discretion on entitlement and quantum only for lawful dismissals (§§ 159, 162, and 169 LC), but does not remove the court's power to scrutinise the unfair dismissal.
→ Section 148 indicates that: When the Court considers that the employer has not provided the evidence incumbent upon him/her, it must order the employer to pay the employee compensation for unfair dismissal, which is determined based on all the elements that can justify and determine the extent of the harm suffered by this employee.
▻ The monthly salary used as the basis for calculation is that which corresponds to the last gross monthly wage due to the employee for a period of work in accordance with the provisions of his/her contract, or to the period actually completed if it is greater.
▻ The Court may order the employer to pay a higher amount of compensation if it considers that the minimum compensation only partially compensates for the harm suffered by the employee.
▻ The compensation for unfair dismissal can be combined with any other compensation that may arise from the dismissal.

▷ Reinstatement is not a general remedy for unfair dismissals of ordinary workers. It is however available—and mandatory if successful on appeal—for protected workers, particularly staff representatives: if the Minister of Labour annuls the Labour Inspector's authorization (per Section 397), the dismissal is invalid, and the worker must be reinstated with full back pay and benefits.

▷ Individual disputes
→ Section 420 LC indicates that: Any individual employment dispute can only be submitted to the Labour and Social Security Court if no conciliation has been reached before the Labour Inspector or Controller.
▻ The Inspector or his/her delegate is notified in writing or verbally by the most diligent party.
▻ In the event of an agreement, the Inspector or his/her delegate shall draw up and sign with the parties a conciliation report which shall be enforceable;
▻ A copy of this report shall be filed without delay by the Labour Inspector with the Registry of the Labour and Social Security Court(s) authorized to hear the dispute.
▷ Collective disputes
→ Section 443 LC states that: A collective dispute is defined as any disagreement that has occurred or is likely to occur between the employer and all or part of the staff of the company regarding the working or employment conditions of the employees involved in the dispute.
▻ In the absence of conventional procedures, any collective dispute must be submitted to the conciliation procedure for settlement and may, if the parties agree, be submitted to the arbitration procedure defined below.
→ Sections 443 to 448 of the LC provide for a conciliation procedure in cases of collective disputes.
→ Section 448 indicates that: When the attempt at conciliation has not resulted in a comprehensive agreement, a report of non-conciliation is drawn up. It specifies the points on which the dispute persists.
▻ Within a period not exceeding two working days, the conciliator transmits the minutes to the President of the Court of Appeal in whose jurisdiction is the workplace where the conflict arose, for the purpose of the arbitration procedure.

▷ Sections 449 to 454 of the LC provide for arbitration procedure.
→ Section 449 LC indicates that: Collective labour disputes not settled by conciliation may be brought before an arbitration board by agreement of the parties within two working days following the report of non-conciliation by registered letter addressed to the President of the Court of Appeal.

→ Section 411 LC indicates that: The Labour and Social Security Courts have jurisdiction over:
a) Individual disputes arising from the conclusion, performance, suspension, modification, or termination of an employment or apprenticeship contract, whether with regard to legal or regulatory standards or collective bargaining agreements;
b) Disputes arising from the performance of a collective agreement between the parties to the agreement;
c) Disputes arising between workers in the course of their employment;
d) Disputes arising from the application of social security schemes managed by the National Social Security Fund;
e) Any other litigation which is expressly reserved to them by this code.
→ Section 413 LC provides that: In matters of termination of the employment contract, and notwithstanding any contractual allocation of jurisdiction, the worker may bring the matter before the Labour and Social Security Court of the place of hiring or that of the employer's domicile.
→ Section 426 LC states that: The Labour and Social Security Court has jurisdiction over all counterclaims or claims for compensation that, by their nature, fall within its jurisdiction. When each of the principal, counterclaims, or claims for compensation falls within its jurisdiction as a last resort, it shall rule without the need for an appeal. (...).

There is no general right to reinstatement following unfair dismissal.
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.
Similarly, if a worker who is not protected under the "fuero laboral" is dismissed as the result of anti-union or unfair labour practices, he or she can opt for reinstatement (art. 294 LC).

- Judicial conciliation is part of the procedure before the labour jurisdiction: art. 453 2) LC.
- Small claims proceedings (procedimiento monitorio) = value not exceeding 10 months' wages: mandatory extra-judicial conciliation before the Labour Inspectorate (art. 497 LC)

Art. 420 a) LC: 'Juzgados de Letras del Trabajo'

No statutory provisions were found in the examined legislation in this respect.

→ Section 48 ECL states that: Where an employing unit revokes or terminates a labour contract in violation of the provisions of this Law and the worker involved demands continued performance of the contract, the employing unit shall continue performing the same. If the worker does not demand so or if it becomes impossible for continued performance of the labour contract, the employing unit shall pay compensation pursuant to the provisions in section 87 of this Law.

▶ Labour Law (LL)
→ Section 79 LL indicates that: Once a labour dispute occurs, the parties involved can apply to the labour dispute mediation committee of their unit for mediation; (...).
→ Section 80 LL provides that: A labour dispute mediation committee can be set up within the employer. This committee shall be composed of workers' representatives, the representatives of the employer, and trade union representatives. The chairmanship of this committee shall be held by a trade union representative.
Agreements reached through mediation on labour disputes shall be implemented by the parties involved.
▷ Note: 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.
▶ Labour Dispute Mediation and Arbitration Law (LDMA) (2007, entered into force in May 2008)
→ Section 3 of the LDMA indicates that: Labour disputes shall be resolved on the basis of facts and pursuant to the principles of lawfulness, impartiality and timeliness, with stress on mediation, in order to protect the lawful rights and interests of the parties according to law.
→ Section 5 of the LDMA provides that: Where a labour dispute arises, and the parties are not willing to have a consultation, or the consultation fails, or the settlement agreement reached is not performed, they may apply to a mediation institution for mediation. Where the parties are not willing to have mediation, or the mediation fails, or the mediation agreement reached is not performed, they may apply to a labour-dispute arbitration commission for arbitration. Where they are dissatisfied with the arbitral award, they may initiate a litigation in a people's court, unless otherwise provided for in this Law.
(For further details on the mediation process, see sections 10 to 7 of the LDMA).

▷ Arbitration is mandatory in the event of individual labour disputes.
▶ Labour Law (LL)
→ Section 79 LL indicates that: Once a labour dispute occurs, the parties involved can apply to the labour dispute mediation committee of their unit for mediation; if it can not be settled through mediation and one of the parties asks for arbitration, an application can be filed to a labour dispute arbitration committee for arbitration. Any one of the parties involved in the case can also apply to a labour dispute arbitration committee for arbitration. The party that has objections to the ruling of the labour arbitration committee can bring the case to a people's court.
▶ Labour Dispute Mediation and Arbitration Law (LDMA) (2007, entered into force in May 2008)
→ Section 5 of the LDMA provides that: Where a labour dispute arises, and the parties are not willing to have a consultation, or the consultation fails, or the settlement agreement reached is not performed, they may apply to a mediation institution for mediation. Where the parties are not willing to have mediation, or the mediation fails, or the mediation agreement reached is not performed, they may apply to a labour-dispute arbitration commission for arbitration. Where they are dissatisfied with the arbitral award, they may initiate a litigation in a people's court, unless otherwise provided for in this Law.
(For further details on the arbitration process, see sections 17 to 53 of the LDMA).

Arbitration is mandatory in the event of an individual labour dispute.
▷ Note: The parties can only go to court if they do not agree with the arbitration outcome, within 15 days from the date the award is communicated.
▶ Labour Dispute Mediation and Arbitration Law (LDMA) (2007, entered into force in May 2008)
→ Section 5 of the LDMA provides that: Where a labour dispute arises, and the parties are not willing to have a consultation, or the consultation fails, or the settlement agreement reached is not performed, they may apply to a mediation institution for mediation. Where the parties are not willing to have mediation, or the mediation fails, or the mediation agreement reached is not performed, they may apply to a labour-dispute arbitration commission for arbitration. Where they are dissatisfied with the arbitral award, they may initiate a litigation in a people's court, unless otherwise provided for in this Law.
→ Section 50 Where a party has an objection to the arbitral award of a labour dispute case, other than the ones prescribed in Article 47 of this Law, it may initiate a litigation in a people's court within 15 days from the date it receives the award. If no litigation is initiated at the expiration of the prescribed time limit, the award shall take legal effect.

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.

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.

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.

According to Article 2 of Labour Procedure Code, the Ordinary Jurisdiction, in its labor and social security specialties, is competent to handle:

1. Legal conflicts that originate directly or indirectly in the employment contract.
2. Actions on union jurisdiction, whatever the nature of the employment relationship.
3. The suspension, dissolution, liquidation of unions and the cancellation of union registration.
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

Article 44 of the Labour Code

Article 44 of the Labour Code: reinstatement shall be the primary remedy.

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.

Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Articles 44 and 212 of the Labour Code (former art.46 and 192).

→ Under section 63 of the LC, if an indefinite-term contract is terminated without a valid reason, the worker is entitled to reinstatement. If reinstatement is not possible, the worker is entitled to damages determined by the Labour Court, calculated based on factors such as the nature of the work, the worker’s seniority, age, and acquired rights. However, these damages cannot exceed 36 months of the worker’s last salary.

Under section 63 of the LC, if an indefinite-term contract is terminated without a valid reason, the worker is entitled to reinstatement.

▶ LC 2002
→ Under section 298 of the LC, individual labour disputes are not admissible before the Labour Court unless they have first undergone a conciliation procedure initiated by one of the parties before the relevant Labour Inspector. This mandatory prior conciliation attempt is a prerequisite for the court to consider the dispute.

▶ Act No. 016/2002 on the establishment, organisation, and functioning of Labour Tribunals (Act 2002)
▷ Individual labour disputes
→ Under section 25 of the Act 2002, individual labour disputes can only be brought before the Labour Court after undergoing a mandatory conciliation process initiated by one of the parties before the relevant Labour Inspector. This prior conciliation attempt is a prerequisite for the dispute to be admissible in court.
→ Under section 26 of the Act 2002, a labour dispute claim must have a copy of the Labour Inspector’s report of non-conciliation or partial conciliation attached to the claim.
▷ Collective labour disputes
→ Section 27 of the Act 2002 specifies that collective labour disputes are only admissible before the Labour Court if they have first undergone the conciliation procedure outlined in sections 303 to 308 of the DRC Labour Code and the mediation procedure outlined in sections 309 to 313. These mandatory prior steps are required before the dispute can proceed to court.

▷ individual labour disputes
▶ LC 22
→ Section 63 of the LC.
▶ Act No. 016/2002 on the establishment, organisation, and functioning of Labour Tribunals (Act 2002)
→ Under section 25 of the Act 2002, individual labour disputes can be brought before the Labour Court after undergoing a mandatory conciliation process initiated by one of the parties before the relevant Labour Inspector.
▷ Collective labour disputes
→ Under section 28 of the Act 2002, in cases of non-conciliation in collective labour disputes, partial conciliation, or opposition to recommendations, the Labour Court can be seized by one of the parties.

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'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.

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.
Additionally, the worker may request that the employer be ordered to pay wages as long as he is not reinstated in his job.

Art. 218 Labour Code: The Labour Tribunals and/or The Conciliation and Decision Boards (junta de conciliación y decisión,) have jurisdiction over claims of unfair dismissal. The "juntas de conciliación y decisión" which are tripartite bodies and are integrated into the "Jurisdiccion Laboral".
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).

Article 430 of Labour Code

Under Section 18.15 of the LC, the abusive termination of a contract gives rise to damages as set forth in the LC.

▷ Labour Code (LC)
→ Under Section 6 LC, any dismissal motivated by a lawsuit to enforce fundamental principles and rights at work is null and void. The reinstatement of the employee who was dismissed in violation of this prohibition is a legal right.
→ Under Section 69.1 LC, if an employer dismisses a staff representative without the authorization of the labour inspector, or if the labour inspector gives an unfavourable opinion to the dismissal request, the representative must formally request reinstatement to the company in writing.
If the employer does not reinstate the representative within eight days of receiving the reinstatement letter, the employer must pay them a special indemnity equal to the salary owed during the period of contract suspension, plus an additional indemnity (...).

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Section 38 ICA provides for collective dismissal, indicating that: Failure to follow the mandatory procedure renders the collective dismissal decision void. Dismissed workers must then be reinstated and receive back pay for the period of contract suspension.

▷ Under the Labour Code, a worker or employer may request that the labour inspector attempt an amicable settlement of an individual dispute. Participation in this attempt is mandatory for the other party. If the attempt fails, the case can be brought before the Labour Court.
→ Under Section 81.2 LC, any individual labour dispute must be submitted to the labour and social laws inspector for an attempt at an amicable settlement before being brought to the Labour Court.
→ In addition, Section 81.23 indicates that: When an individual labour dispute is brought before the Labour Court, a conciliation attempt is made first.

▷ Decree No. 96-208 of March 7, 1996, concerning the Conciliation Procedure for Collective Labour Disputes
→ Sections 2 to 10 of the Decree No. 96-208 provide for Conciliation in cases of collective labour disputes:
→ Section 2: Any collective labour dispute must be reported to the prefect by the most proactive party. The prefect must immediately inform the Minister of Labour and initiate the conciliation procedure outlined in Section 82.6 of the Labour Code. The date the prefect is notified marks the official start of the dispute and the beginning of all associated deadlines.
→ Section 3: As soon as the dispute is reported, the prefect directs the local Labour and Social Laws Inspector to attempt to conciliate the parties.
→ Section 4 The conciliation attempt led by the Labour and Social Laws Inspector cannot last longer than five working days from the date the dispute was reported to the prefect.
→ Sections 5 & 6: If one party fails to appear for the initial meeting, a second summons is immediately sent. If the party still fails to respond, the inspector issues a non-compliance report, which is considered a record of non-conciliation.
→ Section 7: The non-compliance report or a report of total or partial conciliation failure must be sent to each party and the Minister of Labour no later than the day after the five-day period expires.
→ Section 8: If circumstances warrant it, or if the dispute extends beyond the company, the Minister may order a second conciliation attempt to resolve the entire dispute or any remaining issues.
→ Section 9: Under no circumstances can the total conciliation process exceed ten working days from the date the dispute was first reported to the prefect.
→ Section 10: If the conciliation attempt fails, either partially or completely, the dispute is then referred to one of the procedures outlined in Section 82.7 of the Labour Code.

▷ In General
→ Section 73.3 LC indicates that: Collective agreements may contain clauses concerning: Conventional arbitration procedures through which collective labour disputes that may arise between employers and workers bound by the Collective Agreement are or can be resolved.

▷ Collective disputes in the event of a strike: Arbitration
→ Under Section 82.9 LC, in the event of a strike, where conciliation fails, the parties may resort to:
▻ Either a conventional arbitration procedure, if one exists as per Section 73.3, paragraph 14 of the Labour Code;
▻ Or the arbitration procedure provided for in the following section, if the parties agree to it;
▻ Or the mediation procedure provided below.
▻ For each of the last two procedures, the National Council for Social Dialogue may be seized.

→ Under Sections 82.10 and 82.11 of the LC, when parties agree to submit a dispute to arbitration, they are obligated to follow the final ruling. They must specify whether they want a single arbitrator or an arbitration committee. Arbitrators are chosen from a list of qualified individuals established annually by the Minister of Labour, and they are selected based on their moral authority and expertise in economic and social matters.
▻ The arbitration body must issue a reasoned arbitration award within 12 days of receiving the case file, a period which can be extended with the parties' consent. The arbitrator can only rule on the issues defined in the conciliation failure report or on subsequent events directly related to the dispute.
▻ The arbitrator rules on legal matters based on existing laws, regulations, and collective agreements. For other disputes, such as those concerning wages or working conditions not covered by existing legal texts, they will rule based on principles of equity.
▻ The arbitration body has broad powers to investigate, including requesting any necessary economic, financial, or administrative documents from the parties. It can also seek assistance from qualified experts.
▻ The arbitration award is sent to the parties and the labour inspector via registered mail within 48 hours. The only possible appeal against the award is to the Supreme Court, and only on grounds of abuse of power or a violation of the law.

▷ Collective disputes in the event of a strike: Compulsory Arbitration
→ Under Section 82.13, the Head of Government may decide to submit a dispute to an arbitration committee if they believe a strike or lockout is likely to be detrimental to public order or the general interest. This committee is composed of a magistrate and two arbitrators, and it follows the procedures, timelines, and effects outlined in this title.
▻ This measure can be taken in the following situations:
• If the strike affects an essential service whose interruption could endanger the lives, health, or safety of all or part of the population.
• In the event of a severe national crisis.

▷ Collective disputes in the event of a strike: Mediation
→ Section 82.12 LC provides for the mediation process for collective labour disputes. When both parties agree to mediation, they must appoint a mediator, who can even be the Mediator of the Republic.
▻ The mediator has the same powers as an arbitrator, including the authority to investigate and request information. Within 12 business days (extendable by agreement), the mediator must produce a reasoned report with recommendations to resolve the dispute. If the dispute involves a legal violation, the mediator must recommend that the parties take the issue to court.
▻ The mediator's report is sent to the labour inspector, who then forwards it to the parties and the Minister of Labour within 48 hours. The recommendations become legally binding after four full days, provided neither party has objected.
▻ If a party objects, the objection must be sent by registered mail to the labour inspector within the four-day period. In this case, the mediator's recommendations are made public.

Note: Sections 82.14 to 82.18 and Section 102.15 provide for the execution of Conciliation Agreements, Arbitral Awards, and Recommendations.

▷ Decree No. 96-208 of March 7, 1996, concerning the Conciliation Procedure for Collective Labour Disputes
→ Section 11 of the Decree No. 96-208 indicates, among others that: A strike is prohibited before the arbitration procedure—as outlined in sections III and V, chapter II, title VIII of the Labour Code—has been exhausted, or if it violates the provisions of a conciliation agreement, an arbitral award, or a recommendation that has become enforceable.

The Labour Court is a specialized tribunal competent for individual labour disputes.

→ Section 81.8 LC indicates that: Labour Courts have jurisdiction over individual disputes that may arise from a work or apprenticeship contract between workers or apprentices and their employers or masters, including disputes concerning work-related accidents and occupational diseases.
▻ These Courts are also qualified to rule on all individual disputes concerning the validity and execution of collective agreements and any regulations serving as a substitute for them.
▻ Their jurisdiction also extends to disputes between workers or apprentices themselves regarding work or apprenticeship contracts.

Although there are categories of workers enjoying special protection against unfair dismissal, there is no statutory provision concerning reinstatement.

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.
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's Court.
However, if the parties agree with the resolution, it becomes binding and its enforcement might be object of special claim to the ordinary courts.

Article 250 of Labour Code provides that the labour disputes are submitted to the following bodies:
a) the labour councils, formed in the terms of Law 8/1977;
b) the popular courts of the Judicial System.

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.
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's Court.

According to article 254 of Labour Code and article 702 of Law on Civil, Administrative and Labour Procedure, the popular municipal courts know about:
a) workers' 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;
b) Workers' 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. ;
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.

Article 250 of Labour Code provides that the labour disputes are submitted to the following bodies:
a) the labour councils, formed in the terms of Law 8/1977;
b) the popular courts of the Judicial System.

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.
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's Court.

According to article 254 of Labour Code and article 702 of Law on Civil, Administrative and Labour Procedure, the popular municipal courts know about:
a) workers' 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;
b) Workers' 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. ;
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.

Article 3 (1) TEA.

No statutory provision in the legislation reviewed / no information in the secondary sources.

No statutory provision in the legislation reviewed / no information in the secondary sources.

Sec. 2 and 3 TEA.
The Industrial Dispute Court has jurisdiction over cases of unfair dismissals (Proceedings must be initiated within 1 year from the date of dismissal).
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.

Sec. 2 and 3 TEA.
The Industrial Dispute Court has jurisdiction over cases of unfair dismissals (Proceedings must be initiated within 1 year from the date of dismissal).
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.

Sec. 69 (1) LC

Sec. 69 (1) LC.
As a consequence of a court'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.

Sec. 72 LC refers to the competent Court. No labour courts in the Czechia.

Sec. 2b (1), (2) ESEA

No provision on reinstatement in the ESEA.
However the General Agreement, 1973 concluded by the Danish Employers' Confederation and the Danish Confederation of Trade Unions provides for reinstatement.

See also: OECD employment protection legislation database, 2013, Denmark: "reinstatement orders are possible but rare" (available at: www.oecd.org/els/emp/oecdindicatorsofemploymentprotection.htm).

Case management in the Danish Labour Court
by Managing Judge Jørn Andersen, Head of Secretariate, 19.9.04, available at:
hwww.ilo.org/wcmsp5/groups/public/---ed_dialogue/---dialogue/documents/meetingdocument/wcms_160035.pdf

Summary of the Danish Labour Court and Labour administration system, available at:
http://www.arbejdsretten.dk/generelt/labour-court.aspx

Regulated by Arbitration Act No. 553 of 24 June 2005 as last amended in 2008.

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.

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.
See Danielle Venn (2009), "Legislation, collective bargaining and enforcement: Updating the OECD employment protection indicators", p. 30. Available at: http://www.oecd-ilibrary.org/social-issues-migration-health/legislation-collective-bargaining-and-enforcement_223334316804

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.

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.
See Danielle Venn (2009), "Legislation, collective bargaining and enforcement: Updating the OECD employment protection indicators", p. 30. Available at: http://www.oecd-ilibrary.org/social-issues-migration-health/legislation-collective-bargaining-and-enforcement_223334316804

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 (“visto bueno”), an order of reinstatement might be issued. If theit ill have to pay indemnities corresponding to unfair dismissal, according to article 622.
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.

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.

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.

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.

▷ Note: Besides "severance pay" and "redundancy", the Labour Law 2025 provides for Compensation for unfair/unjustified dismissal, which is not severance pay.
▷ Termination of employment contract without a legitimate reason
→ Section 165 LL 2025 stipulates that: If the employer terminates an indefinite employment contract without a legitimate reason, the employee shall be entitled to compensation for damages, not less than two months' wages for each year of service.
▻ This is without prejudice to the employee’s right to claim any other entitlements due under the law.
The following are considered unjustified reasons for termination:
▻ The employee’s affiliation with a trade union or participation in union activities under this law.
▻ Serving or previously serving as a union representative, or seeking such a role.
▻ Filing a complaint or initiating legal action against the employer, or participating in such actions regarding violations of law, regulations, or employment contracts.
▻ Attachment of the employee’s wages by court order.
▻ Exercising the right to statutory leave under this law.
▻ Colour, gender, marital status, family responsibilities, pregnancy, religion, or political opinion.

→ Section 147 LL 2025 indicates that: The employer may request the summary judge of the competent labour court to extend the suspension period for one or more additional periods, with half pay, provided the request is submitted at least ten (10) days before the current suspension expires.
▻ The judge must decide on the request before the suspension period ends.
▻ If no decision is issued and the employee is not reinstated, the suspension continues with full pay until the request is resolved.
▻ If the judge rejects the extension, the employee shall be reinstated immediately after the current suspension ends.
▻ If the suspension was due to a reason under item (2) of Section 145 and the prosecuting authority drops the charges, issues a dismissal order, or if the employee is acquitted, the employee must be reinstated and paid any withheld wages during suspension.
▻ Failure to reinstate shall be considered unlawful dismissal.
→ Section 150 LL 2025 stipulates that: If the dismissal was due to union activity, the court shall order reinstatement upon the employee’s request.

▷ Collective Labour Disputes
→ Under Section 1 of the LL 2025 (definitions): Conciliation is a method used by one of the parties to a collective labour dispute to request the intervention of the competent administrative authority after collective bargaining between the parties has failed.
→ Under Section 215 LL 2025, the competent administrative authority must set a session for reconciliation no later than five days from the date the request is submitted. Both parties must be notified at least three days prior to the scheduled date.
The relevant minister shall issue a decision outlining the procedures and rules for reconciliation.
→ Under Section 216 LL 2025: If the parties agree to settle the dispute amicably in accordance with this chapter, the agreement must be drafted and signed by both parties as a collective labour agreement. The procedures outlined in this Law shall be followed, and the agreement will be binding on both parties.
→ Section 217 LL 2025 indicates that: Subject to the provisions of the Arbitration Law for Civil and Commercial Matters (Law No. 27 of 1994), if the dispute is not resolved within twenty-one days from the start of reconciliation, both parties may refer the matter to the competent administrative authority to initiate mediation and arbitration procedures in accordance with the provisions of this Law.

▷ Sections 218 to 230 of the LL 2025 provide for mediation and arbitration in collective labour dispute cases.
→ Under Section 1 of the LL 2025 (definitions): Arbitration means a contractual method of settling unresolved collective disputes through one or more arbitrators.
→ Under Section 217 LL 2025, subject to the provisions of the Arbitration Law for Civil and Commercial Matters (Law No. 27 of 1994), if the dispute is not resolved within twenty-one days from the start of reconciliation, both parties may refer the matter to the competent administrative authority to initiate mediation and arbitration procedures in accordance with the provisions of this Law.
→ Section 218 LL 2025 provides that: A "Mediation and Arbitration Center" shall be established within the competent ministry, with legal personality.
▻ It will be under the authority of the relevant minister and consist of two departments: the Mediation Department and the Arbitration Department.
▻ The Center will have an Executive Director, appointed by the Prime Minister based on the nomination of the relevant minister, with a three-year renewable term.
▻ The Prime Minister shall issue a decision determining the administrative and financial structure of the Center, its working system, and the fees for its services, which shall not exceed fifty thousand Egyptian pounds, with exemptions as applicable.
▻ The Center shall comply with the provisions of this Law, decisions, and regulations for its implementation, and the basic principles of litigation in the Civil and Commercial Procedure Law.
▻ If this Law or the Center's regulations do not contain specific provisions, the provisions of the Arbitration Law for Civil and Commercial Matters shall apply.
▷ See also Sections 219 to 230.

▷ The creation of specialized Labour Courts is provided for under Sections 176 to 187. The main provisions related to the jurisdiction of the Labour Courts are set out below.
→ Section 176 LL 2025 states that: A "Labour Court" shall be established within the jurisdiction of each Primary Court.
▻ Specialized appellate divisions shall also be established within each Court of Appeal for hearing appeals against judgments issued by the Labour Court.
▻The location of Labour Courts shall be determined by a decision issued by the Minister of Justice, who, if necessary and based on considerations such as the location or labour density, may, upon request from the head of the relevant Primary Court, designate other locations for hearing labour cases within the jurisdiction of the Primary Court's district courts.
▻ The judges of the Labour Courts shall be selected from the judges of the Primary and Appeal Courts, with their selection being made through a decision by the Supreme Judicial Council.
→ Section 177 LL 2025 provides that: The Labour Court, as referred to in Section 176 of this law, shall have exclusive jurisdiction to hear disputes arising from the application of laws and regulations governing labour relations, as well as cases related to workers’ insurance rights and their beneficiaries, labour unions and their structures, without prejudice to the jurisdiction of the Administrative Judiciary Courts.
→ Section 178 LL 2025 indicates that: Each division of the Labour Court shall be composed of three judges from the Primary Courts, with at least one of them holding the rank of Chief Judge of Category (A).
▻ Each specialized appellate division shall consist of three judges from the Court of Appeal, with at least one of them holding the rank of Chief Judge of the Court of Appeal.
▷ Note:
→ Section 7 LL 2025 states that: Lawsuits arising from disputes related to the provisions of this law, filed by employees, trainees, or apprentices, or their entitled beneficiaries, are exempt from judicial fees and expenses at all stages of litigation.
▻ The court may, in all cases, include an immediate enforcement order without requiring bail.
▻ If the case is rejected, the court may order the plaintiff to pay all or part of the expenses.
▷ In addition, note the relevant Sections under the Preamble of the Labour Law 2025:
→ Section 9 (promulgation) of the LL 2025 indicates that: Without prejudice to Section 13 of this law, courts shall, on their own initiative, refer any pending disputes and lawsuits—now under the jurisdiction of the specialised labour courts according to the provisions of the accompanying law—to such courts in their current status, without any fees.
▻ In the event of the absence of any party, the clerk’s office shall notify them of the referral decision and summon them to attend the hearing before the designated labour court.
▻The first paragraph of this Section shall not apply to cases already adjudicated or reserved for judgment prior to the effective date of this law; such cases shall continue to be considered by the original courts, and any judgments rendered shall remain subject to the appeal procedures in force at the time of their issuance.
→ Section 10 (promulgation) of the LL 2025 provides that: The Court of Cassation and Courts of Appeal shall continue to hear appeals of judgments rendered in disputes and lawsuits referred to in Section 9 of this law, if such appeals were filed prior to the effective date of the specialized labour court system, as stipulated in Section 13 of this law.
→ Section 13 (promulgation) of the LL 2025 stipulates that: (...). With regard to the specialized labour courts, it shall enter into force as of the first of October following the effective date of the accompanying law.

Art. 58 LC.

The Labour Code does not provide for the reinstatement of workers who have been unfairly dismissed.

Only in dismissals that lead to judicial procedure. Art. 385 LC.

Arbitration is only foreseen for the settlement of collective disputes. due to economic or interest reasons. (Art. 480 and 500-514 LC).

Note that art. 24 Conciliation, Mediation and Arbitration Act excludes labour disputes from its scope of application.

Art. 369 LC - "los jueces laborales" in first instance and "las Cámaras de lo Laboral" in second instance.

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' wages depending on the categories of employees - see below) can be modified by the court or the labour dispute committee.

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.

art. 3
1) If possible, a disagreement arising from the employment relationship of an
employee and employer is resolved by agreement of the employee and
employer through the mediation of a representative of employees or a directing
body of a union or federation of employees.
2) In order to resolve a disagreement, an employer, in co-ordination with a
representative of employees or a directing body of a union or federation of
employees, may establish a conciliation committee, the membership, competence
and procedures of which are determined by agreement of the employer and the
representative of employees or directing body of a union or federation of employees.
3) Attempts to resolve disagreements by agreement do not deprive the parties of the
right of recourse to labour dispute resolution bodies in order to resolve a labour
dispute.
4) Parties have the right of recourse to a labour dispute resolution body without the
mediation of a representative of employees or a directing body of a union or
federation of employees if they find that a labour dispute cannot be resolved by
agreement.
Settling of

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).
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)

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).
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)

→ Section 43(4) LP indicates that: The compensation to be paid under Sub-section (1), (2) or (3) of this Section to a worker who is not reinstated shall, in addition to the severance pay referred to in Section 40 of this Proclamation, be:
a) In the case of a contract of employment for an indefinite period, 180 times the average daily wages and a sum equal to his wage
for the appropriate notice period in accordance with Section 44 of this Proclamation;
b) In the case of a contract of employment for a definite period or for piecework, a sum equal to the wages which he would have obtained if the contract of employment has continued up to its date of expiry or completion of the work; provided, however, that such compensation shall not exceed 180 times his average daily wage. The provisions of sub-section (4) of this Section shall also be applicable to a worker
covered by the relevant pension law.

→ Section 43 (1 to 3) LP provides for reinstatement, indicating that: (1) Where a contract of employment is terminated because of those grounds mentioned under Section 26 (2) of this Proclamation, the employer shall be obliged to reinstate the worker; provided, however,
that the worker shall be compensated if he wishes to quit his employment.
(2) Without prejudice to Sub-section (1) of this Section, where a contract of employment is terminated contrary to the provisions of Sections 24, 25, 27, 28 and 29 of this Proclamation, the labour dispute settlement tribunal may order the reinstatement of the worker or the payment of compensation.
(3) Notwithstanding Sub-section (2) of this Section, the labour tribunal may affirm the termination of the worker upon payment of compensation even if the worker requests for re-instatement where the tribunal is of the view that the maintenance of the particular worker and employer relations, by its nature or due to the controversy of the parties concerned, is likely to give rise to serious difficulties. Similarly, where a worker who, after obtaining judgment of reinstatement, declines to be reinstated, the tribunal may order the termination of the worker upon payment of compensation for the inconvenience he sustained, having regard to the nature of the work and other circumstances of the case.

→ Section 137 LP defines “Conciliation” as the activity conducted
by a person or persons appointed by the parties or appointed by the competent authority at the request of the parties for the purpose of bringing the parties together and seeking an amicable resolution of a labour dispute which their own efforts alone could not resolve.
→ Section 144 LP on "Conciliation and Arbitration" states that:
(1) Notwithstanding the provisions of Section 142 of this Proclamation, parties to a dispute may agree to submit their case to
arbitrators or conciliators, of their own choice, for settlement in accordance with the appropriate law.
(2) If the parties fail to reach an agreement on the case submitted to conciliation under sub-section (1) of this Section, or the party aggrieved by the decision of the arbitration may take the case to the Board or to the appropriate Court, as the case may be.
→ Section 142 LP indicates that:
(1) When a dispute in respect of matters specified under Section 143 is brought to the attention of the Ministry or the appropriate Authority by either of the parties to the dispute, it shall assign a conciliator with a view to amicable settlement of the case.
(2) The Ministry or the Appropriate Authority may assign conciliators at the Federal, Regional and, when necessary, at the
Woreda levels.

→ Under Section 143(1)(h), a conciliator appointed by the Ministry or the Appropriate Authority shall endeavour to bring about a negotiated settlement on the following and other similar collective labour disputes: Issues pertaining to the reduction of workers.
→ Section 143(2 and 3) further provide that:
(2) A conciliator shall endeavour to bring about an amicable settlement by all means as he considers appropriate.
(3) When a conciliator fails to settle a labour dispute within 30 days, he shall report the same to the competent authority together with his opinion, and shall serve copies of the report to the parties involved. Any one of the parties may submit the matter, other than those indicated under Sub-section (1) (a) of this Section, to a Labour Relations Board. However, where the dispute under Sub-section (1) (a) of this Section is related to those undertakings stipulated under Section 137(2) of this Proclamation, one of the parties may submit the case to an Ad hoc Labour Relations Board.

The legal framework includes conciliation and arbitration as alternative dispute resolution mechanisms. However, there is no express requirement to submit a labour dispute to arbitration.
▻ Note must be taken of references made to arbitration under Section 144 LP, which indicates that:
(1) Notwithstanding the provisions of Section 142 of this Proclamation, parties to a dispute may agree to submit their case to arbitrators or conciliators of their own choice for settlement in accordance with the appropriate law.
(2) If the parties fail to reach an agreement on the case submitted to conciliation under sub-section (1) of this Section, or the party aggrieved by the decision of the arbitration may take the case to the Board or to the appropriate Court, as the case may be.

The labour division of the regional first instance court has jurisdiction over claims related to the termination of employment.
→ Section 138 (1)(a) LP on the "Establishment of Labour Divisions" indicates that:
(1) Labour divisions shall be the established Courts at the Federal and Regional levels.
(2) The Ministry or the appropriate authority shall submit proposals for the decision of the appropriate authority on the number of labour divisions to be established in accordance with Sub-section (1) of this
Section.
→ Section 139 LP on the "Labour Division First Instance Court" states that:
(1) The labour division of a Federal and Regional First Instance Court shall have jurisdiction to settle and determine the following and other similar individual labour disputes;
a) disciplinary measures, including dismissal;
b) claims related to the termination of employment contracts;
(2) The labour division of a Regional First Instance Court shall render its decisions within 60 days from the date on which the suit is filed.
(3) The party who is aggrieved with the decision of the first instance court may, within 30 days from the date on which the decision was delivered, lodge an appeal to the labour division of the Federal or
Regional appellate court.
→ Section 140 LP provides for the" Labour Division of Appellate Court", indicating that:
(1) The labour division of the Appellate First Instance Court shall have jurisdiction to hear and decide on the following matters:
a) appeals submitted from the labour division of the first instance courts in accordance with Section 139 of this Proclamation; (...).

See: sec. 2, chap. 12 ECA.

No statutory provision found.

No statutory provision found.

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)

Art. L 1235-3 LC :
The judge can propose the employee’s reinstatement in case of unfair dismissal (absence of a serious and genuine cause).

Art. L 1411-1 LC: conciliation takes place before the conciliation section of the labour court ("Conseil des Prud’hommes").
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 employee’s 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.

Art. L 1411-1 LC.
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.
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.
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.
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.

Art. L 1411-1 LC.
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.
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.
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.
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.

▷ Unfair dismissals - Payment of damages
→ Section 91 of the LC 2021 defines "unfair dismissals" as those without valid grounds, motivated by a worker’s opinions, union activities, pregnancy, union membership or non-membership, or claims for recognized rights. Also deemed unfair are dismissals violating labour inspector authorization procedures, refusals to reinstate workers after contract suspension (per sections 51 and 209 LC 2021), or terminations due to workers filing complaints or participating in legal actions against employers for alleged legal violations. Unfair dismissals entitle workers to damages, with additional sanctions under section 98 of LC 2021, in cases of unfair economic dismissals. The determination of unfairness is left to competent courts.
→ In addition, section 67 of the LC 2021 provides that in case of a dispute, the employer who violates procedural rules, is liable to pay an indemnity equivalent to three months' salary, in addition to any damages that "may be awarded by the court".

▻ Reinstatement is only available for "protected workers".
→ Under section 70 of the LC 2021, the dismissal of "protected workers" requires prior authorisation from the labour inspector, requested after a preliminary interview. The inspector has 15 days to decide, extendable by another 15 days if notified. During this period, the worker may be placed on precautionary suspension but retains full pay. If authorization is denied, the employer must reinstate the worker to their position. Failure to reinstate entitles the worker to compensation equivalent to the salary they would have earned from the time of dismissal until reinstatement, unless an amicable separation occurs.
The worker’s refusal to be reinstated is treated as a resignation. Appeals against the inspector’s decision can be filed within 20 working days, first hierarchically, then judicially, with the hierarchical authority given one month to respond.

▷ Individual labour dispute
→ Section 352 of the LC 2021 mandates that individual labour disputes be submitted for conciliation, which can be initiated by either party through the local labour inspector or, failing that, the Labour Court. Both parties must attend the scheduled conciliation session, and unions may assist their members during the process. If conciliation is partial or unsuccessful, the labour inspector must forward the case to the Labour Court within three months. After this period, the parties may approach the Labour Court directly.
→ Section 354 of the LC 2021 provides for the possibility of an amicable or transactional settlement in resolving individual labour disputes, alongside the formal conciliation procedure. An amicable settlement is an agreement between the parties that resolves the dispute, either through direct conciliation or with the involvement of a third party.

→ Under section 363 of the LC 2021, an individual labour dispute can only be brought before the labour court if conciliation before the labour inspector fails or through direct referral as provided in Article 352. Legal action is initiated by the claimant through an oral or written declaration, either at the labour court registry or via the labour inspectorate, which forwards the request to the court along with a record of partial or failed conciliation.
→ Under section 369 of the LC 2021, when parties appear before the labour court, a new conciliation attempt is conducted. If an agreement is reached, a conciliation report is immediately recorded in the court’s deliberation register, formalising the amicable settlement. An extract of this report, signed by the court president and clerk, serves as an enforceable title.
→ Under section 371 of the LC 2021, if conciliation fails or for the contested parts of the claim, the labour court must take up the case and proceed with its examination immediately.

▷ Collective labour dispute: Conciliation
→ Under section 392 of the LC 2021, collective labour disputes may be resolved through conciliation, mediation, or arbitration.
Sections 393 and 394 of the LC 2021 provide for conciliation in case of a collective labour dispute.
▷ Collective labour dispute: Mediation
→ Sections 395 to 402 of the LC 2021 provide for the procedure of mediation in cases of collective labour disputes.

▷ Arbitration
→ Under section 392 of the LC 2021, collective labour disputes may be resolved through conciliation, mediation, or arbitration, and parties may opt for arbitration after failed conciliation or mediation.
→ Section 401 of the LC 2021 indicates that if mediation fails and after a 48-hour period following the acknowledgement of the disagreement, the mediator submits the recommendation text, a report on the dispute, and the parties' reasoned rejections to the Minister of Labour. The conflict is then referred to the arbitration council.
▷ Arbitration procedure
→ Sections 402 to 410 provide for the arbitration procedure in cases of collective labour disputes.
→ Under section 402 of the LC 2021, parties involved in collective labour disputes may choose to submit unresolved conflicts to arbitration following a conciliation or mediation procedure.

▷ Competent Courts
→ Under section 352 of the LC 2021, every individual labour dispute must be submitted to a conciliation procedure, initiated by either party through the local labour inspector or, failing that, directly before the Labour Court.
→ Sections 355 to 362 provide for the composition and attributions of the Labour Court, and sections 362 to 373 provide for the procedure before the Labour Court.
▷ Appeal
→ Under section 373 of the LC 2021, the Labour Court rules with final authority (no appeal) on disputes valued up to 1,000,000 FCFA. Preliminary judgments can only be appealed alongside the final judgment on the merits.
→ Under section 374 of the LC 2021, the Labour Court handles all counterclaims or compensation claims within its jurisdiction.
→ Under section 376 of LC 2021, decisions made by the Labour Court on appeal or as a final ruling can be subject to review by the Higher Court (recours en Cassation).

Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s 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.

Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s 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..

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.

Article 481 – Review and resolution of collective disputes

1. A collective dispute (dispute between an employer and a group of employees or an employer and an employees’ 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 employees’ 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 (‘the Minister’).
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.
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.
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.
5. The Minister may make a decision at any stage of the dispute to terminate conciliation procedures.
6. Parties shall be obliged to participate in conciliation procedures and attend meetings held by the dispute mediator for that purpose.
7. If the Minister so requests, the dispute mediator shall be obliged to send him/her a report on the dispute.
8. Parties may agree at any stage of a dispute to refer the dispute to arbitration.
9. A dispute mediator shall be obliged not to disclose the information or the document he/she becomes aware of as a dispute mediator.

Ordinary courts have jurisdiction over individual labour disputes.

Sec. 10 PADA

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).

Sec. 54 (1) PADA: preliminary conciliation before the Labour Court should take place within two weeks after the application has been filed.

Sec. 4 PADA and sec. 2 of the Federal Labour Court Act , 1953 (as last amended in 2013).

The National Labour Commission (NLC) can order compensation to a worker if it finds that the termination was unfair. The amount is determined on a case-by-case basis.
→ Section 64 (2)(c) LA provides that: 64. (1) A worker who claims that the employment of the worker has been unfairly terminated by the worker’s employer may present a complaint to the Commission.
(2) If, upon investigation of the complaint, the Commission finds that the termination of the employment is unfair, it may; (...); order the employer to pay compensation to the worker.

▷ Labour Act
→ Section 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.
▷ Whistle-blower Act (WA), Act No. 720 of 2006
→ Section 14(3) WA provides that the Commission on Human Rights and Administrative Justice may order the reinstatement of an employee who has been unfairly dismissed by an employer in retaliation for whistleblowing.

No explicit reference is made to conciliation. However, note must be taken that under Section 152(1)(a) LA, the National Labour Commission is invested with the power to make regulations providing for the procedure for negotiation, mediation and arbitration proceedings, under the Labour Act.

The National Labour Commission facilitates the settlement of disputes through mediation and arbitration.
▷ Mediation
→ Section. 154 LA provides that:
(1) Subject to the time limit in respect of essential services, if the parties fail to settle a dispute by negotiation within seven days after the occurrence of the dispute, either party or both parties by agreement may refer the dispute to the Commission and seek assistance of the Commission for the appointment of a mediator.
(2) Where the Commission is satisfied that the parties have not exhausted the procedures established in the collective agreement or have not agreed to waive those procedures, the Commission shall order the parties to comply with those procedures within such time as the Commission may determine.
(3) When the Commission is satisfied that
(a) the parties have exhausted the procedures established in the collective agreement;
(b) the parties have failed to settle the dispute; and
(c) none of the parties has sought the assistance of the Commission to appoint a mediator, the Commission shall request the parties to settle the dispute by mediation within three days of the Commission becoming aware of the non-resolution of the dispute.
(4) Where the parties agree to mediate and at the end of the mediation proceedings, there is settlement of the dispute, the agreement between the parties as regards the terms of the settlement shall be recorded in writing and signed by the mediator and the parties to the dispute.
(5) The settlement agreement referred to in subsection (4) shall be binding on all the parties unless the agreement states otherwise.
(6) When, at the end of a mediation proceedings, no agreement is reached, the mediator shall immediately declare the dispute as unresolved and refer the dispute to the Commission.

▷ Arbitration
→ Section. 157 LA indicates that:
(1) When mediation fails under section 154 (6) and the dispute is referred to the Commission, the Commission shall, with the consent of the parties, refer the dispute to an arbitrator or an arbitration panel appointed under section 156.
(2) The parties to an industrial dispute shall, within three days after the appointment of an arbitrator or an arbitration panel under Section 156, submit to the arbitrator in writing a statement of the issues or questions in dispute, signed by one or more of the parties or their representatives.
(3) The Arbitrator shall, as soon as possible, appoint a time and place for the hearing and notify the parties.
(4) If any party fails to appear before the arbitrator after the expiration of seven days after being so notified, the arbitrator shall proceed to hear and determine the dispute.

▷ Labour Act
→ Section 64 LA provides that: The competent body is the National Labour Commission. It shall exercise adjudicating and dispute settlement functions in complete independence (§ 138 LA).
Moreover, under Section 139 La, in settling an industrial dispute, the National Labour Commission shall have the same enforcing powers as the High Court and enjoy the same privileges and immunities in regard to its proceedings.
→ Section 139 LA indicate that:
(1) The Commission shall exercise the following powers:
(a) Receive complaints from workers, trade unions, and employers, or employers’ organization
(i) On industrial disagreement; an
(ii) Allegation of infringement of any requirements of this Act and Regulations made under this Act;
(b) Require an employer to furnish information and statistics concerning the employment of its workers and the terms and conditions of their employment in a form and manner the Commission considers necessary; and
(c) Require a trade union or any workers’ organization to provide such information as the Commission considers necessary;
(d) Notify employers and employers’ organizations or workers and trade unions in cases of contravention of this Act and Regulations made under this Act and direct them to rectify any default or irregularities.
(2). Without prejudice to subsection (1), the Commission shall in settling an industrial dispute, have the powers of the High Court in respect of
(a) Enforcing the attendance of witness and examining them on oath, affirmation or otherwise.
(b) Compelling the production of documents; and
(c ) the issue of a commission or request to examine witness abroad.
(3)The Commission shall, in respect of its proceedings, enjoy the same privileges and immunities pertaining to proceedings in the High Court.

▷ Whistle-blower Act (WA), Act No. 720 of 2006
→ Section 13(1) WA: “A whistle-blower who honestly and reasonably believes that the whistle-blower 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”.

As indicated above, reinstatement is the primary remedy for unfair dismissal.

No preliminary mandatory conciliation.

"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.
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."
See: Sofia Lampousaki, "Greece: Individual disputes at the workplace - alternative disputes resolution", Feb. 2010, available at the following:
http://www.eurofound.europa.eu/eiro/studies/tn0910039s/gr0910039q.htm

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.
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).

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:
a) The indemnities that according to this Code may correspond to severance pay; and
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.

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.

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.
If the conciliation is partial, the trial will continue regarding the requests not included in the agreement.

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.

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.

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.

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.

Art. 750 LC: preliminary conciliation is carried out by labour judge.

Arts. 666, 679 LC.
First instance judges are the "Juzgados de Letras del Trabajo".
Appeals are heard by the "Cortes de Apelaciones del Trabajo".

Sections 82 and 83 LC

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.

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.

At the employeeu2019s request the court shall reinstate the employment relationship:
a) if it was terminated in violation of the principle of equal treatment;
b) if it was terminated in violation of statutory protection against dismissals concerning specific workersu2019 groups; (...)
e) if the employee successfully challenged the termination of the employment relationship by mutual consent or his own legal statement therefor.

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.

Sec. 83 of the LC, see in detail above.

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 workers´ rights specified in section 287 of the LC.

No statutory provision. Arbitration mechanisms are provided by private entities, and can be used on a voluntary basis.

•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)).

•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)).

Sec. 11A of the IDA states:
"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:
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"

Sec. 11A IDA

Sec. 10A IDA reads as following:

"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.

(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.]

(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.

(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within '[one month] from the date of the receipt of such copy, publish the same in the Official Gazette.

(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.

(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.

(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.

(5) Nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section."

Sec. 7 IDA

No compensation foreseen in the MA.
A ruling of unfair dismissal entails reinstatement. (see art. 170 MA, also art. 153 (2) on dismissal based on prohibited grounds)

Art. 153 (2) MA: any termination based on prohibited grounds shall be declared null and void. The employer must then reemploy the affected worker.

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.

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.

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.

Section 20 of LC: "Where, in the cases provided for in sections 15, 16, 17 and 19, the employer refuses to reinstate the worker after the period of suspension, such refusal shall constitute unlawful dismissal (in the absence of a valid reason), and the worker shall be entitled to apply to the Board of Inquiry within 30 days. Where the employer is unable to prove that his refusal to reinstate the worker is based on just grounds, he shall, at the discretion of the said Board, be obliged to reinstate the worker in his job and to pay him his wages from the date on which he reported to the workplace." [...].

Section 165 of LC: "Where a Disputes Board finds that the dismissal of the worker is without just grounds, it shall issue an order for his reinstatement and for the payment of his remuneration as of the date of his dismissal. Alternatively, where dismissal is found to be justified, the worker shall be entitled to his length­ of ­service allowance in the amount prescribed in section 27 of this Code."

Section 20 of LC: "Where, in the cases provided for in sections 15, 16, 17 and 19, the employer refuses to reinstate the worker after the period of suspension, such refusal shall constitute unlawful dismissal (in the absence of a valid reason), and the worker shall be entitled to apply to the Board of Inquiry within 30 days. Where the employer is unable to prove that his refusal to reinstate the worker is based on just grounds, he shall, at the discretion of the said Board, be obliged to reinstate the worker in his job and to pay him his wages from the date on which he reported to the workplace." [...].

Section 165 of LC: "Where a Disputes Board finds that the dismissal of the worker is without just grounds, it shall issue an order for his reinstatement and for the payment of his remuneration as of the date of his dismissal. Alternatively, where dismissal is found to be justified, the worker shall be entitled to his length­ of ­service allowance in the amount prescribed in section 27 of this Code."

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).

Section 157 of LC. "In the event of a dispute between an employer and a worker or a trainee concerning the application of this Code or other labour regulations, or in relation to a training contract, a workplace agreement or a collective agreement, a settlement shall, in the first instance, be sought by direct compromise between the employer and worker or trainee or his representative on the Islamic Labour Council; if such a council does not exist in the workplace, a compromise shall be sought by the employer and the workers’ guild society or the legal representatives of workers and the employer. Where no compromise can be reached, the dispute shall be examined and settled by the Board of Inquiry or the Disputes Board in the manner described hereunder."

Where no compromise can be reached, the dispute may be referred to, examined and settled by the Board of Inquiry (sec. 157, LC).
→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).

Section 157 of LC: "In the event of a dispute between an employer and a worker or a trainee concerning the application of this Code or other labour regulations, or in relation to a training contract, a workplace agreement or a collective agreement, a settlement shall, in the first instance, be sought by direct compromise between the employer and worker or trainee or his representative on the Islamic Labour Council; if such a council does not exist in the workplace, a compromise shall be sought by the employer and the workers’ guild society or the legal representatives of workers and the employer. Where no compromise can be reached, the dispute shall be examined and settled by the Board of Inquiry or the Disputes Board in the manner described hereunder."

See point above.

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.

For those employees hired prior to 7 March 2015 and subject to Article 18 of the Workers’ Statute:
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.

For those employees hired as of 7 March 2015 and subject to Legislative Decree No. 23 of 2015 (so-called ‘Jobs Act’):
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.

Article 412-ter of the Civil Procedure Code: arbitration must be foreseen by a collective agreement.

Article 413 of the Civil Procedure Code.
The labour court "giudice del lavoro" is integrated into the organization of the general civil court system, but follow special procedures.

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.
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.
_____________
See Tadashi A. Hanami, Fumito Komiya, Yamakawa, R.: "Japan", in R. Blanpain (ed.): International encyclopaedia for labour law and industrial relations (The Hague, Kluwer Law International, 2015; and Yamakawa, R. “Japan” in ILO (2016) Resolving individual labour disputes: a comparative overview.

Sec. 16 LCA: "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". 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.

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.
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.
Administrative conciliation/mediation is offered by local (prefectural) labour bureaus and local labour relations commissions.
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 parties’ consent.

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).

The parties can choose to access any of the following bodies:

Ordinary courts : workers who wish to obtain reinstatement tend to access ordinary courts.

Labour tribunal procedures within the ordinary courts (the Labour Tribunal Act): 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.

Dispute adjustment commission 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.

Local labour inspection offices within prefectural labour bureau: 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.

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.
________
See Yamakawa, R. “Japan” in ILO (2016) Resolving individual labour disputes: a comparative overview.

The parties can choose to access any of the following bodies:

Ordinary courts : workers who wish to obtain reinstatement tend to access ordinary courts.

Labour tribunal procedures within the ordinary courts (the Labour Tribunal Act): 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.

Dispute adjustment commission 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.

Local labour inspection offices within prefectural labour bureau: 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.

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.
________
See Yamakawa, R. “Japan” in ILO (2016) Resolving individual labour disputes: a comparative overview.

The parties can choose to access any of the following bodies:

Ordinary courts : workers who wish to obtain reinstatement tend to access ordinary courts.

Labour tribunal procedures within the ordinary courts (the Labour Tribunal Act): 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.

Dispute adjustment commission 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.

Local labour inspection offices within prefectural labour bureau: 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.

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.
________
See Yamakawa, R. “Japan” in ILO (2016) Resolving individual labour disputes: a comparative overview.

Art. 25 LL sets out legal limits on the compensation to be paid to the employee in the event of arbitrary dismissal (see below).
As amended in 2010, Article 25 LL provides that “If 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'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.”

Art. 25 LL: remedy for arbitrary and unlawful dismissal shall be either reinstatement or compensation.

No statutory provision found in the legislation reviewed.
Preliminary conciliation is only foreseen in the settlement of collective labour disputes (see art. 120-123 LL)

No statutory provision found in the legislation reviewed.

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 "Remuneration Authority".

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).

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.

Art. 177 of the Labour Code

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.

Art. 159 of the Labour Code states that the individual labour disputes are considered by the conciliation commissions and/or courts.

Art. 159 of the Labour Code

Art. 28 LSA
Art. 82 Trade Union and Labor Relation Adjustment Act (TULRAA)

Art. 30 (1) LSA

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.

No arbitration or mediation foreseen for disputes related to the LSA, which is the main piece of legislation on dismissal.
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.

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.
See art. 28 LSA, 82 TULRAA, and the Labor Relations Commission Act of 1997, as last amended in May 2007.

Art. 423 LC

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.

Art. 423 LC

Art. 421 LC

Art. 421 LC

Section 144 of the Labour Act 2024 provides for "Remedies":
(1) If the Labour Court or Arbitrator holds the dismissal to be unfair, it shall, if a worker so wishes, order the reinstatement of the worker in his job without loss of remuneration, seniority or other entitlements or benefits which the worker would have received had there been no dismissal.
(2) The Labour Court or Arbitrator shall not make an order to reinstate a worker if it considers reinstatement of the worker to be impracticable in light of the circumstances.
(3) If the Labour Court or Arbitrator decides that it is impracticable in light of the circumstances for the employer to reinstate a worker in employment, or if a worker does not wish reinstatement, the Labour Court or Arbitrator shall fix an amount of compensation to be awarded to the worker in lieu of reinstatement.
(4) The amount of compensation awarded by the Labour Court or Arbitrator shall be an amount the Labour Court or Arbitrator considers just and equitable in all circumstances of the case.
(5) In assessing the amount of compensation to be paid, the Labour Court or Arbitrator shall take into account -
(a) whether there has been any breach of contract by either party;
(b) whether the worker has failed to take such steps as may be reasonable to mitigate his losses;
(c) the length of service of the worker;
(d) whether the worker is employable;
(e) the workers’ employment record;
(f) the position the worker held during his employment;
(g) loss of remuneration; and
(h) the procedural and substantive fairness.
(6) The Labour Court and DDPR shall, in awarding the remedies provided for under this section, consider circumstances surrounding the case if it appears that there are systemic delays.

Labour Act, 2024, addresses unfair dismissal, including compensation and reinstatement, under sections 40 and 144.

→ Section 40 of the Labour Act 2024 indicates:
(1) An arbitrator may make an arbitration award in terms of this Act, including but not limited to an award that -(c) includes -
(i) reinstatement;
(ii) re-employment of a worker;
(iii) compensation or damages; or costs.
→ Section 144 of the Labour Act 2024 provides:
(1) If the Labour Court or Arbitrator holds the dismissal to be unfair, it shall, if a worker so wishes, order the reinstatement of the worker in his job without loss of remuneration, seniority or other entitlements or benefits which the worker would have received had there been no dismissal.
(2) The Labour Court or Arbitrator shall not make an order to reinstate a worker if it considers reinstatement of the worker to be impracticable in light of the circumstances.
(3) If the Labour Court or Arbitrator decides that it is impracticable in light of the circumstances for the employer to reinstate a worker in employment, or if a worker does not wish reinstatement, the Labour Court or Arbitrator shall fix an amount of compensation to be awarded to the worker in lieu of reinstatement.

▷ Labour Act, 2024 provides for preliminary mandatory conciliation as part of its enhanced dispute resolution framework, particularly for labour disputes, including unfair dismissal cases. In this respect, section 35 provides for composition of Directorate of Dispute Prevention and Resolution (DDPR) and section 44 mandates preliminary mandatory conciliation for "disputes of rights", including unfair dismissal, before escalation to the Labour Court or arbitration. No dispute of rights, including unfair dismissal, can be referred to the Labour Court unless it has first been submitted to the Directorate of Dispute Prevention and Resolution (DDPR) for conciliation (Section 43(5), referencing Section 44).

→ Section 35 of the Labour Act 2024 on the "Composition of DDPR" indicates that:
(1) The DDPR shall comprise of -
(a) the Director;
(b) conciliators and arbitrators who shall be appointed by the Director with the approval of IRC; and
(c) other support staff who shall be appointed by the Director with the approval of the IRC.
(2) The IRC shall, in consultation with the Minister, determine the terms and conditions of employment of a person appointed under subsection (1).

→ Section 44 of the Labour Act 2024 indicates that:
(1) A party to a dispute of right may, in writing, refer the dispute to the DDPR -
(a) if the dispute concerns an unfair dismissal, within three months of the date of dismissal;
(b) in respect of all other disputes, within three years of the dispute arising.
(2) Notwithstanding subsection (1), an arbitrator may, on application, condone a late referral on good cause shown.
(3) A party who refers the dispute shall satisfy the arbitrator that a copy of the referral has been served on all the other parties to the dispute.
(4) If the dispute is one that should be resolved by arbitration, the Director shall appoint an arbitrator to attempt to resolve the dispute by conciliation, failing which a different arbitrator shall resolve the dispute by arbitration.
(5) If the dispute is one of right, such a dispute shall be resolved by adjudication in the Labour Court, and the Director shall appoint a conciliator to attempt to resolve the dispute by conciliation before the matter is referred to the Labour Court.
(6) If the dispute is resolved -
(a) the conciliator or arbitrator shall issue a report; and
(b) the settlement shall be reduced to writing and signed by the parties to the dispute.
(7) If a dispute contemplated in subsection (4) remains unresolved after the arbitrator has attempted to conciliate it, the arbitrator shall resolve the dispute by arbitration.
(8) If a party to a dispute contemplated in subsection (4) fails to attend the conciliation or hearing of arbitration, the arbitrator may -
(a) postpone the hearing;
(b) dismiss the referral; or
(c) grant an award by default.
(9) If a dispute contemplated in subsection (5) remains unresolved after thirty days from the date of the referral -
(a) the conciliator shall issue a report that the dispute remains unresolved; and
(b) any party to the dispute may make an application to the Labour Court.
(10) The conciliator shall, in the report contemplated in subsection (9)(a), record any failure to attend a meeting convened by the conciliator to resolve the dispute.
(11) In determining any order of costs contemplated in section 50(2)(g), the Labour Court shall take into account any failure to attend a conciliation meeting referred to in the report contemplated in subsection (10).

→ Section 43 of the Labour Act 2024 regarding "Disputes of Rights" indicates that:
(1) The Labour Court has the exclusive jurisdiction to resolve the
following disputes:
(a) subject to subsection (2), an application on interpretation of any provision of this Act or any other labour law; (b) an unfair dismissal, if the reason for the dismissal is -
(i) related to industrial actions, including but not limited to a strike, lockout, picketing and go-slow; or
(ii) related to the operational requirements of the employee;
(c) to hear and determine all reviews -
(i) from arbitration awards issued in terms of this Act; and
(ii) of any administrative action taken in the performance of any function in terms of this Act or any other labour law; and
(d) cases arising from or related to workplace injuries, accidents, illnesses, diseases and deaths.
(5) Subject to subsection (5), no matter contemplated by sub-section
(1) may be referred to the Labour Court unless it has already been referred to the DDPR for conciliation in terms of section 44.

▷ Note: Under section 4 of the Labour Act 2024, “dispute of right” means a dispute or an alleged infringement concerning the application and interpretation of any provision of the Labour Act
or any other labour law, collective agreement or contract of employment;

Labour Act, 2024 establishes a framework for arbitration under the Directorate of Dispute Prevention and Resolution (DDPR), particularly for labour disputes, including unfair dismissal, as outlined in sections 28, 35, 36, 38, 39, 40, and 43.

▷ Appointment and Oversight (sections 28, 35, 38):
The Industrial Relations Council (IRC) plays a central role in appointing and regulating arbitrators. Section 28 mandates the IRC to appoint the DDPR Director and arbitrators (full-time or part-time), set their qualifications and terms and develop a code of conduct. Section 35 specifies that the DDPR comprises the Director, arbitrators, and support staff, appointed by the Director with IRC approval. Section 38 allows the Director to appoint arbitrators, including on an ad hoc basis, in consultation with the IRC, providing flexibility for case-specific needs.

→ Section 28 of the Labour Act 2024 provides for the appointment of arbitrators by the "Industrial Relations Council" indicating that:
The functions of the IRC are to -
(a) determine the qualifications and terms and conditions of employment of the Director and an arbitrator of the Directorate of Dispute Prevention and Resolution (DDPR);
(b) appoint the Director of the DDPR;
(c) appoint an arbitrator, whether full- or part-time;
(d) develop a code of conduct for conciliators and arbitrators;
(e) to make rules for conciliation and arbitration proceedings conducted by the DDPR; and
(f) approve the budget of the DDPR.

→ Section 35 of the Labour Act 2024 on the "Composition of DDPR" indicates that:
(1) The DDPR shall comprise of -
(a) the Director;
(b) conciliators and arbitrators who shall be appointed by the Director with the approval of IRC; and
(c) other support staff who shall be appointed by the Director with the approval of the IRC.
(2) The IRC shall, in consultation with the Minister, determine the terms and conditions of employment of a person appointed under subsection (1).

→ Section 38 of Labour Act 2024 on "An arbitrator of the DDPR" indicates that:
(1) There shall be an arbitrator of the DDPR who shall be appointed by the Director in consultation with the Industrial Relations Council (IRC).
(2) The Director may, where necessary, appoint a person as an arbitrator, on an ad hoc basis.

▷ Functions of DDPR and Arbitrators (sections 36, 39):
Section 36(a) assigns the DDPR the function of resolving labour disputes, including unfair labour disputes, through conciliation or arbitration. Section 39 details arbitrators’ roles: conciliating and arbitrating allocated disputes, preventing potential disputes, and awarding costs in frivolous cases. Arbitrators can also convert conciliation settlements into binding arbitration awards (Section 39(2)), enhancing enforceability.

→ Under section 36 (a) of the Labour Act 2024 on "Functions of DDPR" indicates that:
The functions of the DDPR shall be to - resolve labour disputes and unfair labour disputes through conciliation or arbitration; (...).

→ Section 39 of the Labour Act 2024 provides for the "Functions and powers of an arbitrator", indicating that:
(1) The functions of an arbitrator are to -
(a) conciliate a dispute allocated to him;
(b) arbitrate a dispute allocated to him;
(c) prevent or resolve a dispute, if the Director considers that a dispute may arise; and
(d) award costs in frivolous cases.
(2) An arbitrator shall have the power to turn a settlement agreement from conciliation into an arbitration award.

▷ Arbitration Awards (section 40): Section 40(1)(c) empowers arbitrators to issue awards for unfair dismissal, including reinstatement, re-employment, compensation, or costs.

→ Section 40 (1)(c) of the Labour Act 2024 on "Arbitration awards" indicates that:
(1) An arbitrator may make an arbitration award in terms of this Act, including but not limited to an award that -
(c) includes -
(i) reinstatement;
(ii) re-employment of a worker;
(iii) compensation or damages; or costs.

▷ Disputes of Rights (section 43): Section 43(2) mandates arbitration for disputes of rights, including unfair dismissals (except those related to industrial actions or operational requirements, which go to the Labour Court per Section 43(1)(b)), disputes over collective agreements, employment contracts, wages, or underpayment. Parties may agree to arbitration, or the DDPR Director may refer complex cases involving Labour Court jurisdiction to the Court (Section 43(3)).

→ Section 43 (2) of the Labour Act of 2024 on "Disputes of right" indicates that:
(2) Notwithstanding sub-section (1), the following disputes of right shall be resolved by arbitration -
(a) a dispute referred by agreement;
(b) a dispute concerning the application or interpretation of -
(i) a collective agreement;
(ii) a contract of employment, including an alleged breach of the contract;
(iii) a wages notice contemplated in section 166;
(c) an unfair dismissal for any reason other than a reason referred to in subsection (1)(b); and
(d) a dispute concerning the underpayment and non payment of any monies due under the provisions of this Act.
(3) Notwithstanding the provision of this section, the Director may refer a dispute contemplated in subsection (2) to the Labour Court for determination, if the Director is of the opinion that the dispute may also concern matters that fall within the jurisdiction of the Court.

▷ Labour Act, 2024, establishes a tiered dispute resolution framework with the DDPR, Labour Court, and Labour Appeal Court as competent bodies for labour disputes, including for unfair dismissal.

▷ DDPR (Sections 34, 36, 38, 39): The DDPR, an independent juristic body, resolves disputes through conciliation and arbitration (Section 36(a)). It appoints conciliators and arbitrators (Section 35), who attempt to resolve disputes (e.g., unfair dismissal) via conciliation, escalating to arbitration if unresolved (Section 39). The DDPR also advises stakeholders, publishes dispute-related data, and awards costs in frivolous cases.

→ Section 34 of the Labour Act 2024 on "Directorate of Dispute Prevention and Resolution" provides:
34. (1) There is established a Directorate of Dispute Prevention and Resolution referred to as the DDPR.
(2) The DDPR shall be -
(a) a juristic person;
(b) independent from the direction or control of any other person or authority, including Government, any political party, trade union and employer or employer’s organisation in exercise of the functions vested in it under section 36.

→ Section 36 of the Labour Act 2024 on "Functions of the DDPR", provides for the functions of DDRP, indicating that:
▻ The functions of the DDPR shall be to -
(a) resolve labour disputes and unfair labour disputes through conciliation or arbitration;
(b) advise the Government, employers, employers’ organisations, workers and trade unions, on the prevention and resolution of disputes;
(c) compile and publish -
(i) information relating to its activities;
(ii) statistics on dispute prevention and resolution;
(iii) significant arbitration awards; and
(iv) award costs in frivolous cases; and
(vi) accredit bargaining council arbitrators.

→ Section 38 of Labour Act 2024 on "An arbitrator of the DDPR" indicates that:
(1) There shall be an arbitrator of the DDPR who shall be appointed by the Director in consultation with the IRC.
(2) The Director may, where necessary, appoint a person as an arbitrator, on an ad hoc basis.

→ Section 30 of the Labour Act 2024 provides for the "Functions and powers of an arbitrator", indicating that:
(1) The functions of an arbitrator are to -
(a) conciliate a dispute allocated to him;
(b) arbitrate a dispute allocated to him;
(c) prevent or resolve a dispute, if the Director considers that a dispute may arise; and
(d) award costs in frivolous cases.
(2) An arbitrator shall have the power to turn a settlement agreement from conciliation into an arbitration award.

▷ Labour Court (Sections 47, 50): The Labour Court, a court of law and equity, has exclusive jurisdiction over unfair dismissal disputes related to industrial actions or operational requirements, as well as other labour law matters (Section 50(1)). It can grant remedies like reinstatement, compensation, or contract rescission, impose fines, and review administrative actions (Section 50(2)). Conciliation via the DDPR is mandatory before Labour Court referral (Section 43(5)). The Court considers Codes of Conduct for Good Practice in proceedings (Section 50(4)).

→ Section 47 of the Labour Act 2024 on the "Establishment of the Labour Court" provides that:
(1) There is continued in existence, the Labour Court.
(2) The Labour Court shall be a court of law and equity.

→ Section 50 of the Labour Act 2024 on the "Jurisdiction and powers of the Labour Court" indicates that:
(1) Subject to the Constitution and section 51, the Labour Court has jurisdiction in respect of matters which are to be determined by the Court in terms of labour laws or the provisions of this Act.
(2) The Labour Court shall have the power to -
(a) inquire into and decide the relative rights and duties of workers and their respective organisations in relation to any matter referred to the Court under the provisions of the Act and to award appropriate relief in case of infringement;
(b) impose any fine at civil law, in the case of any infringement of the provisions of the Act;
(c) inquire into and make awards and decisions in any matters relating to industrial relations, other than trade disputes which may be referred to it;
(d) rescind any contract of employment and make such consequential orders as may be just in the circumstances;
(e) asses the fair value of services rendered by a worker in a case which the services are to be assessed in accordance with the provisions of the Act or in a case where the rate of wages or other benefits to which a worker should be entitled were not agreed between an employer and the worker;
(f) fix the amount of compensation for loss of or damage to property of an employer where the loss has been occasioned by the wrongful act or omission of the employer’s worker;
(g) make any appropriate order including an order of costs; commit and punish for contempt, any person who disobeys or unlawfully refuses to carry out or to be bound by an order made against him by the Court under the Act;
(h) commit and punish for contempt, any person who disobeys or unlawfully refuses to carry out or to be bound by an order made against him by the Court under the Act;
(i) resolve any ambiguity in the law brought to its attention by any interested party;
(j) review any administrative action taken in the performance of any function in terms of this Act or any other labour law.
(k) rescind any decision made in the absence of a party to a litigation; and
(l) perform such other acts and carry out such other duties as may be prescribed under this Act or any other law.
(3) The sittings of the Labour Court shall be held in Maseru but may be held at such other place as the President of the Court may direct.
(4) The Labour Court shall take into account any code of conduct or guideline which is relevant to a matter being considered in the proceedings and which is published by the Minister in accordance with this Act.

▷ Labour Appeal Court (Sections 59, 61): The Labour Appeal Court hears appeals and reviews of Labour Court judgments and orders (Section 61(1)). It can act as a court of first instance if directed by a judge (Section 61(3)) and reviews subordinate court decisions for non-compliance with the Act (Section 61(2)), ensuring final oversight.

→ Section 59 of the Labour Act 2024 on the "Establishment of the Labour Appeal Court" indicates that:
(1) There is continued in existence, the Labour Appeal Court.
(2) The Labour Appeal Court is the court of appeal in respect of all judgements and orders made by the Labour Court.
(3) The Labour Appeal Court may act as a court of first instance. Jurisdiction of the Labour Appeal Court

→ Section 61 of the Labour Act 2024 stipulates that the Labour Appeal Court has exclusive jurisdiction to hear and determine all -
(a) appeals against the final judgements and the final orders of the Labour Court; and
(b) reviews from judgements of the Labour Court.
(2) Notwithstanding the provisions of any other law, the Labour Appeal Court may hear an appeal or review from a decision of any subordinate court concerning non-compliance with this Act or any other law.
(3) Notwithstanding the provisions of subsection (1), a judge of the Labour Appeal Court, may direct that a matter before the Labour Court or referred to the DDPR for arbitration, be heard by the Labour Appeal Court sitting as a court of first instance.

▷ Labour Act, 2024, establishes a tiered dispute resolution framework with the DDPR, Labour Court, and Labour Appeal Court as competent bodies for labour disputes, including for unfair dismissal.

▷ DDPR (Sections 34, 36, 38, 39): The DDPR, an independent juristic body, resolves disputes through conciliation and arbitration (Section 36(a)). It appoints conciliators and arbitrators (Section 35), who attempt to resolve disputes (e.g., unfair dismissal) via conciliation, escalating to arbitration if unresolved (Section 39). The DDPR also advises stakeholders, publishes dispute-related data, and awards costs in frivolous cases.

→ Section 34 of the Labour Act 2024 on "Directorate of Dispute Prevention and Resolution" provides:
34. (1) There is established a Directorate of Dispute Prevention and Resolution referred to as the DDPR.
(2) The DDPR shall be -
(a) a juristic person;
(b) independent from the direction or control of any other person or authority, including Government, any political party, trade union and employer or employer’s organisation in exercise of the functions vested in it under section 36.

→ Section 36 of the Labour Act 2024 on "Functions of the DDPR", provides for the functions of DDRP, indicating that:
▻ The functions of the DDPR shall be to -
(a) resolve labour disputes and unfair labour disputes through conciliation or arbitration;
(b) advise the Government, employers, employers’ organisations, workers and trade unions, on the prevention and resolution of disputes;
(c) compile and publish -
(i) information relating to its activities;
(ii) statistics on dispute prevention and resolution;
(iii) significant arbitration awards; and
(iv) award costs in frivolous cases; and
(vi) accredit bargaining council arbitrators.

→ Section 38 of Labour Act 2024 on "An arbitrator of the DDPR" indicates that:
(1) There shall be an arbitrator of the DDPR who shall be appointed by the Director in consultation with the IRC.
(2) The Director may, where necessary, appoint a person as an arbitrator, on an ad hoc basis.

→ Section 30 of the Labour Act 2024 provides for the "Functions and powers of an arbitrator", indicating that:
(1) The functions of an arbitrator are to -
(a) conciliate a dispute allocated to him;
(b) arbitrate a dispute allocated to him;
(c) prevent or resolve a dispute, if the Director considers that a dispute may arise; and
(d) award costs in frivolous cases.
(2) An arbitrator shall have the power to turn a settlement agreement from conciliation into an arbitration award.

▷ Labour Court (Sections 47, 50): The Labour Court, a court of law and equity, has exclusive jurisdiction over unfair dismissal disputes related to industrial actions or operational requirements, as well as other labour law matters (Section 50(1)). It can grant remedies like reinstatement, compensation, or contract rescission, impose fines, and review administrative actions (Section 50(2)). Conciliation via the DDPR is mandatory before Labour Court referral (Section 43(5)). The Court considers Codes of Conduct for Good Practice in proceedings (Section 50(4)).

→ Section 47 of the Labour Act 2024 on the "Establishment of the Labour Court" provides that:
(1) There is continued in existence, the Labour Court.
(2) The Labour Court shall be a court of law and equity.

→ Section 50 of the Labour Act 2024 on the "Jurisdiction and powers of the Labour Court" indicates that:
(1) Subject to the Constitution and section 51, the Labour Court has jurisdiction in respect of matters which are to be determined by the Court in terms of labour laws or the provisions of this Act.
(2) The Labour Court shall have the power to -
(a) inquire into and decide the relative rights and duties of workers and their respective organisations in relation to any matter referred to the Court under the provisions of the Act and to award appropriate relief in case of infringement;
(b) impose any fine at civil law, in the case of any infringement of the provisions of the Act;
(c) inquire into and make awards and decisions in any matters relating to industrial relations, other than trade disputes which may be referred to it;
(d) rescind any contract of employment and make such consequential orders as may be just in the circumstances;
(e) asses the fair value of services rendered by a worker in a case which the services are to be assessed in accordance with the provisions of the Act or in a case where the rate of wages or other benefits to which a worker should be entitled were not agreed between an employer and the worker;
(f) fix the amount of compensation for loss of or damage to property of an employer where the loss has been occasioned by the wrongful act or omission of the employer’s worker;
(g) make any appropriate order including an order of costs; commit and punish for contempt, any person who disobeys or unlawfully refuses to carry out or to be bound by an order made against him by the Court under the Act;
(h) commit and punish for contempt, any person who disobeys or unlawfully refuses to carry out or to be bound by an order made against him by the Court under the Act;
(i) resolve any ambiguity in the law brought to its attention by any interested party;
(j) review any administrative action taken in the performance of any function in terms of this Act or any other labour law.
(k) rescind any decision made in the absence of a party to a litigation; and
(l) perform such other acts and carry out such other duties as may be prescribed under this Act or any other law.
(3) The sittings of the Labour Court shall be held in Maseru but may be held at such other place as the President of the Court may direct.
(4) The Labour Court shall take into account any code of conduct or guideline which is relevant to a matter being considered in the proceedings and which is published by the Minister in accordance with this Act.

▷ Labour Appeal Court (Sections 59, 61): The Labour Appeal Court hears appeals and reviews of Labour Court judgments and orders (Section 61(1)). It can act as a court of first instance if directed by a judge (Section 61(3)) and reviews subordinate court decisions for non-compliance with the Act (Section 61(2)), ensuring final oversight.

→ Section 59 of the Labour Act 2024 on the "Establishment of the Labour Appeal Court" indicates that:
(1) There is continued in existence, the Labour Appeal Court.
(2) The Labour Appeal Court is the court of appeal in respect of all judgements and orders made by the Labour Court.
(3) The Labour Appeal Court may act as a court of first instance. Jurisdiction of the Labour Appeal Court

→ Section 61 of the Labour Act 2024 stipulates that the Labour Appeal Court has exclusive jurisdiction to hear and determine all -
(a) appeals against the final judgements and the final orders of the Labour Court; and
(b) reviews from judgements of the Labour Court.
(2) Notwithstanding the provisions of any other law, the Labour Appeal Court may hear an appeal or review from a decision of any subordinate court concerning non-compliance with this Act or any other law.
(3) Notwithstanding the provisions of subsection (1), a judge of the Labour Appeal Court, may direct that a matter before the Labour Court or referred to the DDPR for arbitration, be heard by the Labour Appeal Court sitting as a court of first instance.

Art. L 124-12 (1) LC: free determination by the Court when dismissal is not justified by genuine and serious reasons.
However, in case of non-respect of a fundamental procedural requirement, compensation awarded by the judge shall not exceed 1 month's wages.: art. L 124-12 (3) LC.
______________________
Art. L. 124-12 du Code du travail:
(1) Lorsqu’elle juge qu’il y a usage abusif du droit de résilier le contrat de travail à durée indéterminée, la juridiction du travail condamne l’employeur à verser au salarié des dommages et intérêts compte tenu du dommage subi par lui du fait de son licenciement. (...)
(3) La juridiction du travail qui conclut à l’irrégularité formelle du licenciement en raison de la violation d’une formalité qu’elle juge substantielle doit examiner le fond du litige et condamner l’employeur, si elle juge que le licenciement n’est pas abusif quant au fond, à verser au salarié une indemnité qui ne peut être supérieure à un mois de salaire. L’indemnité visée à l’alinéa qui précède ne peut être accordée lorsque la juridiction du travail juge le licenciement abusif quant au fond.

Art. L 124-12 (2) LC : the judge can prescribe reinstatement if requested by the worker and approved by the employer.
In some cases, reinstatement is mandatory if requested by the worker (art. L 124-12 (4) LC).
_________________________
Art. L. 124-12 du Code du travail:
(2) En statuant sur les dommages et intérêts attribués au salarié licencié abusivement, la juridiction du travail peut, à la demande du salarié formulée en cours d’instance et lorsqu’elle juge réunies les conditions pour une continuation ou une reprise de la relation de travail, recommander à l’employeur de consentir à la réintégration du salarié en réparation de son licenciement abusif.
La réintégration effective du salarié avec maintien de ses droits d’ancienneté libère l’employeur de la charge des dommages et intérêts qu’il a été condamné à lui verser en réparation de son licenciement abusif.
L’employeur qui ne souhaite pas consentir à la réintégration du salarié licencié abusivement lui recommandée par la juridiction du travail peut
être condamné, à la demande du salarié, à compléter les dommages et intérêts visés au paragraphe (1) par le versement d’une indemnité correspondant à un mois de salaire. (...)
(4) Dans les cas de nullité du licenciement prévus par la loi, la juridiction du travail doit ordonner le maintien du salarié dans
l’entreprise lorsqu’il en fait la demande. Sont applicables, dans ces cas, les dispositions des articles 2059 à 2066 du Code civil. (...)

Mandatory conciliation is only foreseen for collective disputes: Art. L. 164-1 LC.
_________________
La conciliation obligatoire n'est prévue que pour les litiges collectifs : Art. L. 164-1 LC

Art. L 124-11 (2) LC.

Art. 20 LC.

The only remedy available for unfair dismissal ("licenciement abusif") is the payment of damages.

- Art. 207 LC: The dual mission of the labour jurisdiction is to settle the dispute by conciliation or adjudicate if conciliation fails.
No further information in the LC as to the conciliation process before the labour tribunal.
- 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).

Art. 205 LC.

→ Section 63(4) EA states that: An award of compensation shall be such amount as the Court considers just and equitable in the circumstances having regard to the loss sustained by the employee in consequence of the dismissal in so far as the loss is attributable to action taken by the employer and the extent, if any, to which the employee caused or contributed to the dismissal.
→ Section 63 (5) EA provides that: The amount to be awarded under subsection (4) shall not be less than -
(a) one week’s pay for each year of service for an employee who has served for not more than five years;
(b) two weeks’ pay for each year of service for an employee who has served for more than five years but not more than ten years;
(c) three weeks’ pay for each year of service for an employee who has served for more than ten years but not more than fifteen years; and
(d) one month’s pay for each year of service for an employee who has served for more than fifteen years,
and an additional amount may be awarded where dismissal was based on any of the reasons set out in section 57 (3).

Art. 63 (1) a) EA.
When deciding which remedy to award, the Court shall first consider the possibility of ordering reinstatement (art. 63 (2) EA).

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.

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.
Conciliation is carried out by the Registrar, if requested by the parties or if directed by the Court to do so.

No statutory requirement was identified in the reviewed legislation.

Art. 62(1), 64 and 65 EA.
See also the part on dispute settlement (art. 42-45) of the Labour Relations Act, 1996

The IRA does not expressly refer to legal limits (see provisions on the court's award: sec. 20 (2) and (3) and 30 IRA).

See sec. 20 1) and 33 b) IRA.

The employee who considers to have been dismissed without "just cause or excuse" 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)

The judicial body competent to hear cases of unfair dismissal is the industrial court (sec. 20 (3) and 30 IRA)
The employee who considers to have been dismissed without "just cause or excuse" 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)

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).

▶ Labour Code 1992
→ Section L39 (FTCs) indicates that: A fixed-term employment contract may not be terminated before its expiry by the will of only one of the parties except in the cases provided for in the contract, or in the case of gross misconduct, left to the discretion of the competent court. Unjustified breach of contract by one party entitles the other party to damages.
→ Section L51 LC, regarding unfair or abusive dismissal (rupture injustifiée ou abusive), stipulates that: Abusive termination of a contract may give rise to damages.
The competent court determines the abuse through an investigation into the causes and circumstances of the termination.

▷ Reinstatement is not generally available for unfair dismissals.
▶ Labour Code 1992
However, Section L.277 provides for a special protection only for workers' representatives (délégués du personnel).
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L277, any dismissal of the staff representative that occurs in violation of the procedure outlined in the preceding paragraph is null and void, and the staff representative will be reinstated in their rights and reintegrated into the company.

▶ Labour Code 1992
→ Sections L218 to L224 LC provide for conciliation for collective disputes.
→ Section L219 LC indicates that: Any collective dispute must be immediately notified by the parties:
1 - To the regional labour inspector of the jurisdiction when the conflict is limited to the territory of a regional labour inspection;
2 - To the director of labour when the conflict extends over the territory of several regional inspections.
The regional labour inspector and the director of labour, as appropriate, proceed without delay to attempt conciliation.
→ Section L221 LC states that: Within six clear days following the date on which he/she was seized, the conciliator is required to draw up a report noting the agreement reached or the failure of the conciliation.
→ Section L222 LC stipulates that: The conciliation agreement, signed by the parties, dated and endorsed by the labour inspector, is immediately enforceable. (...).
→ Section L224 LC indicates that: In the absence of an agreement, the conciliator shall draw up a report on the state of the dispute and send it, along with the documents and information collected by him/her, to the minister in charge of labour.

Note: Arbitration is not available for standard individual dismissal disputes (e.g., challenging unfair or abusive termination under Sections L.51 or economic dismissals).
However, if a dismissal dispute escalates into a collective dispute—such as mass economic dismissals triggering a broader conflict over conditions or agreements—it could potentially enter this arbitration pathway after conciliation fails.
▶ Labour Code 1992
▷ Sections L225 to L231 LC provide for arbitration.
→ Section L225 LC indicates that: Upon receipt of the non-conciliation report, the Minister responsible for labour shall refer the dispute to the arbitration board.
→ Section L228 LC provides that: The arbitration board rules on the law regarding disputes relating to the interpretation of laws, regulations, collective agreements or collective arrangements in force.
It rules on other disputes in equity, in particular when the dispute concerns wages or working conditions, which are not fixed by the provisions of laws, regulations, collective agreements or collective arrangements in force and on disputes relating to the conclusion and revision of clauses of collective agreements and collective arrangements.
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Section L229 LL 2017 stipulates that: The Arbitration Board has 15 days to render its award.
▻ The Board's decision is immediately notified and explained to the parties by the President, who sends a copy to the Minister of Labour.
▻ The enforcement order is affixed to the Board's decision by order of the President of the competent court, at the request of the most diligent party.
▻ The arbitral award may only be appealed for abuse of power, violation of the law, or violation of procedural rules, before the Social Chamber of the Supreme Court.
▻ An application to set aside the arbitral award is available:
- If the arbitration board was improperly constituted;
- If the arbitrator ruled without complying with the mandate assigned to them;
- If they violated a rule of public policy;
- When the principle of adversarial proceedings was not respected. (...).

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Section L192 LL 2017 indicates that: Labour courts have jurisdiction over individual disputes that may arise between workers and their employers in the course of employment.
▻ An individual dispute is a conflict between one or more workers and their employers arising from the performance of the employment contract, concerning the recognition of an individual right.
▶ Labour Code 1992
→ Section L193 LC indicates that: The competent court is that of the place of performance of the employment contract.
However, for disputes arising from the termination of the contract, a worker whose residence at the time of signing the contract is in a location other than the place of employment will have the choice between the court of their residence and the court of the place of employment. Workers whose residence is outside Mali will have the choice between the court of the place of performance of the contract and the court of Bamako.

→ Sections 60 and 61 of the LC explicitly addresses compensation for unfair dismissal, establishing that any such termination (including those based on political opinion, union status, age, sex, or race) may lead to the award of damages (dommages-intérêts), the value of which is not fixed by a schedule or formula but is instead determined by the court (juridiction).
▻ In assessing the final compensation amount, the court must conduct "an inquiry" into the causes and circumstances of the rupture and is required to take into account various elements, including the nature of the services, the worker's seniority and age, and any rights acquired, emphasizing that this compensatory damage award is entirely separate from and in addition to the worker's entitlements to standard severance pay and compensatory notice pay.

The current labour legislation does not include provisions regarding the right for employees to be reinstated into their position after dismissal, even in cases of unfair termination.
However, Section 16 of the 1974 Collective Agreement refers to reinstatement in cases of unsuccessful promotion. It provides a contractual guarantee that protects workers attempting a promotion, but fail to secure it during their trial. It confirms their right to their previous position.

▷ Dismissal
→ Under Section 292 LC, before any judicial proceedings, the parties must resort to extra-judicial conciliation before the Labour Inspectorate.
→ Section 292 LC indicates that: Before any referral to the labour court, the employer or employee must request that the individual dispute be submitted to a conciliation attempt before the labour inspector or controller or their legal deputy.
The request must be made in writing.
The request suspends, until the date of the closing report of the conciliation attempt, the limitation period provided for in Section 230.

▷ Collective Labour Dispute
→ Sections 334 to 341 of the LC provide for conciliation in cases of collective labour disputes.
→ Sections 342 to 349 of the LC further provide for "mediation" in cases of non-conciliation in collective labour disputes.

Under Section 350 LC, the Minister of Labour may decide to submit the collective dispute to arbitration.
→ Section 350 LC indicates that: The Minister of Labour may decide to submit a collective dispute to arbitration, at any opportunity, taking into account, in particular, the circumstances and repercussions of the dispute if he or she considers that the strike or lockout is prejudicial to public order or contrary to the general interest.
The Minister of Labour shall notify the parties of his or her decision within fourteen days of receiving the file. He or she shall refer the matter directly to the arbitration board, to which he or she shall forward any file concerning the dispute. These notifications and referrals shall be noted in the register provided for in Section 336.
→ Section 351 LC on the Composition of the Arbitration Board indicates that: Arbitration shall be entrusted to an arbitration board composed as follows:
1) the president of the labour court or, failing that, the president of the wilaya court, as president of the arbitration board;
2) a magistrate designated by the Minister of Justice, as vice-president;
3) a labour inspector or controller, or a labour administration official who has not undergone conciliation or mediation, appointed by the Minister of Labour;
4) a worker assessor appointed under the same conditions as those provided for assessors before the labour court;
5) an assessor representing the employer appointed under the same conditions as those provided for assessors before the labour court.
→ Section 352 on the Mission of the Arbitration Board provides that: The arbitration board is only referred to and may rule on the points of the dispute mentioned in the report of total or partial non-conciliation and on those which, resulting from events subsequent to the report, are the direct consequence of the dispute.

Under Section 306 LC, Labour Courts are competent to hear actions arising from individual disputes between employers and workers related to an employment contract.
→ Section 306 LC indicates that: In addition to the specific cases provided for in this Code or specific texts, the Labour Courts have jurisdiction to hear:
▻ Actions arising from individual disputes between employers and workers relating to employment contracts, apprenticeship contracts, collective agreements, social security legislation, and the Merchant Navy Code, in accordance with Section 48 of said Code;
▻ Actions arising from individual disputes between social security institutions, employers, and workers.
▻ Actions arising from individual disputes between employers relating to the application of labour and social security legislation, in particular, in matters of worker transportation, subcontracting and temporary work contracts, poaching, and termination of business.
▻ Actions arising from individual disputes between workers relating to legislation on industrial accidents and occupational diseases in cases of gross negligence.
▻ Actions relating to disputes over elections of staff representatives and members of the company or establishment consultative committee, including disputes over union representation related to these elections.
▻ Actions relating to disputes over union representation in matters of company or establishment collective agreements.
Labour courts retain jurisdiction even when a public authority or public institution is involved. They may rule without the parties having to observe, where applicable, the prior formalities required before proceedings can be brought against these legal entities.
→ Section 307 LC on territoriality of jurisdictions indicates that: The competent court is that of the place of employment.
However, for disputes arising from the termination of the employment contract, and notwithstanding any clause to the contrary, an employee whose residence is located in a place other than the place of work may choose between the court of that residence and that of the place of work.

Art. 48 and 50 FLA (articles modified in November 2012)

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.

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).

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:

-in the case of workers who have been employed for less than one year in the undertaking;
-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;
-in the case of employees in a position of trust;
-in domestic service; and
-in the case of casual workers.

Art. 123 (A)(XX) of the Mexican Constitution.
Employment disputes are heard by Labour Courts […] However, before resorting to labour courts, workers and employers must resort to the appropriate conciliatory institution.

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)

Preliminary mandatory conciliation proceedings regulation is in Arts. 684-A to 684-E.

Art. 123 (A)( XX)of the Mexican Constitution, 604 FLA.

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)

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.

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.

Art. 90 LC

Art. 89 LC

No statutory provision in the legislation reviewed.

Art. 355 LC

Art. 36.1.2 LC.

No statutory preliminary mandatory conciliation for individual labour disputes.
(However, collective labour disputes shall be first submitted to "intermediaries" for conciliation: see art. 117 LC).

Arbitration is only available for the settlement of collective labour disputes (see: art. 118 LC and The Labour Administration Rules of 2001)

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's dismissal decision.

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.

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.

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.

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.
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.

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.
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;
d) appointment and removal of bodies in companies and other legal entities.

→ Under Section 41 LC, in the event of wrongful termination of the employment contract by one of the parties, the injured party has the right to claim damages.
The parties may not waive in advance any possible right to request damages resulting from the breach of contract, whether abusive or not.
An employee dismissed for a reason that he/she considers abusive may have recourse to the procedure of preliminary conciliation provided for in paragraph 5 of Section 532 below for the purpose of reinstatement to his position or to obtain damages.
In the event of payment of damages, the receipt for the amount is signed by the employee and the employer or his representative, the signatures duly legalized by the competent authority. It is also countersigned by the officer responsible for labour inspection.
The agreement reached during the preliminary conciliation is deemed final and not subject to appeal before the courts.
In the absence of an agreement reached by means of preliminary conciliation, the employee is entitled to refer the matter to the competent court which may rule, in the event of unfair dismissal of the employee, either by reinstatement of the employee in his post or by damages, the amount of which is fixed on the basis of the salary of one and a half months per year or fraction of a year of work without, however, exceeding the ceiling of 36 months.

→ Under Section 41 LC, an employee dismissed for a reason that he/she considers abusive may have recourse to the procedure of preliminary conciliation provided for in paragraph 5 of Section 532 below for the purpose of reinstatement to his position or to obtain damages.
(...).
▻ In the absence of an agreement reached by means of preliminary conciliation, the employee is entitled to refer the matter to the competent court which may rule, in the event of unfair dismissal of the employee, either by reinstatement of the employee in his post or by damages, the amount of which is fixed on the basis of the salary of one and a half months per year or fraction of a year of work without, however, exceeding the ceiling of 36 months.

▷ Conciliation
References are made to "primarily conciliation" under Sections 41, 70, 73, 74, 76 and 532(4) LC, which provides for the role of labour inspectors to make attempts at conciliation in individual labour disputes.
▷ Conciliation in cases of collective dismissal
Section 550 LC indicates that Collective labour disputes are settled in accordance with the procedure of conciliation and arbitration provided for this purpose.
▻ Sections 551-556 provide for an attempt at conciliation at the level of labour inspection.
▻ Section 557 deals with the Provincial Commission investigation and conciliation, which is established in each prefecture or province, chaired by the governor of the prefecture or province and composed equally of representatives of the administration, professional employers' organizations and the most representative employee trade union organizations.
▷ Chapter IV of the LC provides for the execution of conciliation agreements and arbitration decisions.
→ Section 581 indicates that the conciliation agreement and the arbitration decision are enforceable in accordance with the provisions of the Code of Civil Procedure.
The original of the conciliation agreement and that of the arbitration decision are kept, as the case may be, with the secretariat of the investigation and conciliation commission or with the secretariat of the arbitrator.

▷ Collective labour disputes
→ Section 550 LC indicates that Collective labour disputes are settled in accordance with the procedure of conciliation and arbitration provided for this purpose.
▷ Chapter 3 of the LC (§§ 567-580) provides for an arbitration procedure.
→ Section 567 LC indicates that: if the parties fail to reach an agreement before the provincial commission of inquiry and conciliation and before the national commission of inquiry and conciliation, or if disagreements remain on certain points or if all or one of the parties fail to appear, the commission concerned may submit the collective labour dispute to arbitration after agreement of the parties concerned.
The president of the provincial commission of inquiry and conciliation, or, where applicable, the president of the national commission of inquiry and conciliation, submits the file relating to the collective labour dispute with the minutes drawn up by the said commission, to the arbitrator within forty-eight hours following the drafting of the minutes.
▷ Chapter IV of the LC provides for the execution of conciliation agreements and arbitration decisions.
→ Section 581 indicates that the conciliation agreement and the arbitration decision are enforceable in accordance with the provisions of the Code of Civil Procedure.
The original of the conciliation agreement and that of the arbitration decision are kept, as the case may be, with the secretariat of the investigation and conciliation commission or with the secretariat of the arbitrator.

▷ Collective labour disputes
→ Section 575 LC indicates that no appeal may be lodged against arbitration decisions handed down in collective labour disputes except before the social chamber of the Supreme Court, in accordance with the procedure set out below.
→ Section 576 states that the social chamber at the Supreme Court is constituted as an arbitration chamber to hear, as such, appeals for abuse of power or violation of the law brought by the parties against arbitration decisions.
▷ Occupational Safety and Health (OSH)
→ Section 542 indicates that in the event of a violation of legislative or regulatory provisions relating to health and safety, which poses an imminent danger to the health or safety of employees, the officer responsible for labour inspection must notify the employer to immediately take all necessary measures.
If the employer or their representative refuses or neglects to comply with the requirements contained in the formal notice, the labour inspection officer shall draw up a report in which they state the employer's refusal to comply with the said requirements.
→ Section 543 indicates that the officer responsible for labour inspection immediately refers the matter to the president of the court of first instance in his capacity as interim relief judge, by means of a request to which he/she attaches the report referred to in Section 542 above.
The president of the court of first instance orders that all measures he/she considers necessary be taken to prevent the imminent danger. He/she may, for this purpose, grant the employer a period of time to do so, as he/she may order the closure of the establishment, where appropriate, setting the duration necessary for this closure.
▷ Otherwise, throughout the Labour Code, multiple references are made to the authority of the "Court" or the "competent Court" (§§ 29, 41, 64, 65, 70, 75, 76, 106, 111, 116, 300, 345, 361, 404, 405, 413, 454, 488,506 and 539) or the "Court of first instance" (§§ 106, 110, 454, 543 and 545) without additional precision.
Note: In Morocco, the public court system includes courts of first instance, courts of appeal, and the court of cassation.

▷ Courts do not have the discretion to freely determine the amount of compensation for unfair dismissal. The amount of compensation is set by the Labour Law 2023, or, as per section 141(4), by more favourable terms in individual employment contracts and collective bargaining instruments. The law does not grant Courts the authority to determine the amount of compensation freely, but sets a structured framework for compensation (see §§ 46 (7), 76 (3), 139 (2 and 3), 141 (3 and 5), 142 (4 and 5) and 146 of the Labour Law 2023).

→ Section 76 (3 to 5) of the Labour Law 2023 provides that: If the dismissal is declared illegal, the worker must be reinstated in their job and paid the wages due from the date of dismissal up to a maximum of six months, without prejudice to their seniority.
→ Section 146 (2) of the Labour Law 2023 indicates that: If the reasons invoked for the termination of the employment contract are judicially or equivalently declared unfounded, the worker shall be reinstated to their job position with the right to payment of the amount corresponding to the salaries due between the contract termination date and the effective reinstatement date, up to a maximum of six months, minus any compensation received at the time of dismissal, if applicable.

There is no mandatory requirement for conciliation as a prerequisite for terminating employment. However, conciliation and mediation plays a role in cases related to disputes arising from termination. If a termination leads to a dispute claiming unfair dismissal, the Labour Law provides for alternative procedures, such as mediation or conciliation, before proceeding to court.

▷ Conciliation and Mediation
→ Section 187 of the Labour Law 2023 on Methods of Resolving Labour Conflicts indicates that:
1. Conflicts arising from the conclusion of the employment contract or collective labour regulation instruments can be resolved through alternative extrajudicial mechanisms, by conciliation, mediation, or arbitration.
2. The extrajudicial resolution of labour conflicts can be carried out by public or private entities, for profit or not, according to the terms agreed upon by the parties or, in the absence of an agreement, as provided in this Law.
3. In mediation processes, the worker may be represented by the trade union body, and the employer by the employers' association.
4. The creation and operation of conciliation, mediation, and arbitration bodies are regulated by specific legislation.

→ Section 188 of the Labour Law 2023 on Initiation of the "Labour Conflict Resolution Process" indicates that:
1. The labour conflict resolution process begins with communication and a request for intervention, by one or both parties, to the body of their choice, for conciliation, mediation, or arbitration purposes.
2. The communication referred to in paragraph 1 of this article must be made according to the procedures prescribed in this Law and the specific regulation.
3. If the choice of the body has been made by one of the parties and the other does not agree, the designation is made by resolution of the Labour Mediation and Arbitration Commission.
→ Section 189 of the Labour Law 2023 on Labour on "Conciliation and Mediation" indicates that: Conflicts arising from labour relations can be submitted to labour conciliation and mediation before being referred to arbitration or labour courts, except in cases of precautionary measures.

▷ Conciliation
Under the Labour Law 2023 (Annex - § C), "conciliation" is a mechanism of extrajudicial resolution of labour conflict that consists of negotiating the conflict to be forwarded by a third party (mediator), separate from the parties (employer and worker or workers), who brings the parties into contact (brings the parties closer) facilitating the negotiation, playing an active role in it, since it can present possible mechanisms for resolving the labour conflict.
→ Section 190 of the Labour Law 2023 on "Regime Applicable to Conciliation" stipulates that: Conciliation is optional and follows the mediation regime, with the necessary adjustments.
▶ Also, section 30 of the Labour Tribunals Act provides that the conciliation process may be conducted throughout the procedure, but there is no provision stating that it is mandatory for all procedures. According to section 43 of the same Act, conciliation is mandatory in cases involving occupational accidents and illnesses.

▷ Mediation
Under the Labour Law 2023 (Annex - § M), "mediation" is a means of extrajudicial resolution of labour conflict that translates into the self-regulation of disputes carried out by the mediator who does not judge the dispute but merely brings the parties closer together in resolving the conflict, which may or may not reach an agreement.
→ Section 191 of the Labour Law 2023 indicates that: The request for mediation must specify the disputed matter and provide elements that may assist the mediator in resolving the conflict and its rationale.
→ Section 192 of the Labour Law 2023 provides for the "Mediation Process"

▷ Labour Arbitration
Under the Labour Law 2023 (Annex - § A), "arbitration" is a means of extrajudicial conflict resolution carried out by a third party, impartial and chosen by the parties, whose decision binds the parties.
→ Section 193 of the Labour Law 2023 on Types of Arbitration indicates that:
1. Arbitration can be voluntary or compulsory.
2. Arbitration is voluntary whenever agreed upon by the parties.
3. Voluntary arbitration follows the regime of Articles 196 to 198 of this Law and specific legislation regulating labour arbitration.
4. Arbitration is compulsory under the terms of Article 194 of this Law.

▷ Compulsory Arbitration
→ Section 194 of the Labour Law 2023 provides that:
1. In labour disputes involving a public company or an employer whose activity meets the essential needs of society, arbitration can be made compulsory by decision of the Labour Mediation and Arbitration Commission, after consulting the Minister overseeing the labour area.
2. Activities deemed essential for satisfying societal needs include, among others, those listed in paragraph 4 of Article 105 of this Law.
3. The process of compulsory arbitration follows, with necessary adjustments, the regime of Articles 195 and subsequent of this Law.
→ Section 195 of the Labour Law 2023 provides for the "Appointment of an Arbitrator or Establishment of an Arbitral Committee".
→ Section 196 of the Labour Law 2023 on the Arbitration Process stipulates that:
1. The parties may submit the disputed matter to arbitration if the conflict is not resolved during mediation.
2. If only one party submits the disputed matter to arbitration, the other party must accept to subject itself to this extrajudicial conflict resolution method.
3. Within five days following the request for arbitration, the conciliation, mediation, and arbitration body appoints the arbitrator, who presides in cases of arbitration by an arbitral committee, and notifies the parties of the date, time, and place for arbitration.
4. In cases of arbitration conducted by an arbitral committee, the mediation and arbitration body notifies the conflicting parties to appoint their chosen arbitrator within three days.
5. The arbitrator or arbitral committee must conduct the arbitration process as deemed appropriate to resolve the conflict fairly and promptly, considering the merit of the case and the minimum required formalities.
6. Under the arbitrator's discretionary power in determining appropriate procedures, any of the conflicting parties can produce evidence, call witnesses, ask questions, and present their argument.
7. The disputing parties can be represented by the trade union body, employers' association, or by agents.
8. The arbitrator or arbitral committee must issue the arbitration decision in writing, with its rationale, within 30 days from the last day of the hearing of the parties.
9. The arbitrator or arbitral committee sends a copy of the arbitration decision to each party, as well as to the local conciliation, mediation, and arbitration body and the Ministry overseeing the labour area, for deposit purposes, within 15 days following the decision.
10. The arbitrator or arbitral committee may, on its own initiative or at the request of the parties, correct any material error contained in the issued decision.
→ The subsequent sections of the Labour Law 2023 provide for: Technical Support in Arbitration (§ 197) and Arbitration Decision (§ 198)

→ Section 76 ( 1 and 2) of the Labour Law 2023 indicates that:
1. The declaration of the illegality of dismissal can be made by the labour court or a labour arbitration body, in action brought by the worker.
2. The action to challenge the dismissal must be presented within six months from the date of dismissal.

▷ Also see sections 5 and 6 of Law No 18/1992 - Labour Tribunals Act.

No legal limits on the amount of compensation for unfair dismissal to be awarded by the arbitrator (see sec. 86(15) c) LA)

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.

Sec. 86(5) LA: "Unless the dispute has already been conciliated, the arbitrator must attempt to resolve the dispute through conciliation before beginning the arbitration."

See also Sec. 85(6) LA: "If the conciliation attempt is unsuccessful, the arbitrator must begin the arbitration".

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).

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.

In addition to the Labour Court, the Arbitration tribunal, and the Labour commissioner

Sec. 85 LA establishes arbitration tribunals for the purpose of resolving disputes. Section 85(2) provides that Arbitration tribunals operate under the auspices of the Labour Commissioner, and have jurisdiction to
(a) hear and determine any dispute or any other matter arising from the interpretation, implementation or application of this Act; and
(b) make any order that they are empowered to make in terms of any provision of this Act.

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
(a) the Labour Commissioner; or
(b) any labour office.

The Labour Court will only be competent to hear appeals against an arbitrator's award
* on any question of law alone;
* 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).

On compensation, see Art. 7:681 to 7:683 CC.
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
An employee who has terminated an employment contract due to an “urgent cause”(see above) provoked by the employer may also be entitled to a compensation, Art. 7:677 CC.

Art. 7:681 to 7:683 CC.

No statutory provision in the legislation reviewed.

No statutory provision in the legislation reviewed.

No specialised court, ordinary courts have jurisdiction over labour disputes.

•There are no statutory limitations as to the amount of compensation to be awarded in the event of unfair dismissal.
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:
- reinstatement;
- reimbursement of the whole or any part of the wages lost as a result of the dismissal;
- 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.

Up-to-date figures for non-remuneration compensation are available at: https://www.employment.govt.nz/about/employment-law/compensation-and-cost-award-tables/

The ER Amendment Act 2018 s 47 restores the pre-2010 provision and (from 11 December 2018) provides that:

“125 Reinstatement to be primary remedy
(1) This section applies if—
(a) the remedies sought by, or on behalf of, an employee in respect of a personal grievance include reinstatement; and
(b) it is determined that the employee did have a personal grievance.
(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.

- 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.
- 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.)

The ERA reserves the possibility for the parties to resort to arbitration or other mediation services. (secs. 154 and 155 ERA)

- 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.
- 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.
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)

- 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.
- 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.
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)

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'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
the employer, if the refund is declared, to the payment of the wages not received and to their refund.
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.

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.
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.

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).

▷ Labour Code (LC)
→ Sections 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's seniority and age, any deductions or payments made to a retirement plan, and other established right.
▷ Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 (Decree 2017)
→ Section 475 of the Decree 2017: The amount of damages in case of unfair dismissal of a workers' representative can reach 36 months of salary.

Reinstatement is only provided for in case of unfair dismissal of workers' representatives.

▷ 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 "Scope of additional information"] : "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"

▷ Labour Code (LC)
Section 227 LC provides that: Any dismissal of a workers' 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.

▷ Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 (Decree 2017)
Section 475 of the Decree 2017 indicates that: The personnel representative whose dismissal is void may:
▻ either demand their reinstatement, if necessary under a penalty payment, without prejudice to the payment of wages and benefits they would have received between the date, as the case may be, of their dismissal or the notification of the cancellation of the authorization issued by the administration, and the date of their effective reinstatement;
▻ or demand from the employer, if necessary under a penalty payment, the payment of an indemnity equal to thirty-six (36) months of salary.

Section 305-301 and 317-319 of the LC provide for conciliation as a part of the procedure before the Labour Court or through the Labour Inspectorate.
▷ Labour Court
→ Section 305 LC indicates that: When the parties appear before the Labour Court, a conciliation attempt is made.
In the event of an agreement, minutes drawn up on the spot on the Court's register of deliberations formalise the amicable settlement of the dispute.
An extract from the conciliation minutes signed by the president and the secretary constitutes an enforceable title.
→ Section 307 provides that: In the event of non-conciliation or for the contested part of the claim, the Labour Court must hear the case; it proceeds immediately to its examination. The case can only be postponed for a valid reason, by a reasoned decision of the Court. (...).
▷ Labour Inspector
→ Section 317 stipulates that: The labour inspector, upon receiving a request for conciliation, convenes the parties within seventy-two (72) hours following the date of receipt of the request.
The parties or their representatives are required to respond to the summons of the labour inspector.
Failure to appear by one of the parties, except in cases of force majeure, is subject to the penalties provided for in Section 359 of this code.

Under the Labour Code, Sections 244(14) and 327-325 LC provide for the arbitration in cases of collective labour disputes.

→ Section 244(14) LC indicates that: The conventional arbitration procedures by which collective labour disputes likely to arise between employers and workers bound by the collective agreement are or can be settled.
→ Section 327 provides that: As soon as the labour inspector is informed of the strike notice, and in the absence of a conventional arbitration procedure provided for under Section 244, paragraph 14 of this Code, the minister in charge of labour may decide to submit the conflict to an arbitration council established for this purpose.
Referral to the arbitration council does not suspend the right to strike.
→ Section 328 states that: The members of the arbitration council are appointed by the minister in charge of labour from among individuals whose moral authority and expertise in economic and social matters make them particularly suitable for resolving the conflict.
High-ranking officials in active service cannot be appointed as arbitrators. The same applies to persons who participated in the conciliation attempt and those who have a direct interest in the conflict.
→ Section 329 stipulates : The arbitration council may only rule on matters determined by the minutes of non-conciliation or those which, resulting from events subsequent to these minutes, are a direct consequence of the ongoing dispute.
It rules in law on disputes relating to the interpretation and execution of laws, regulations, collective agreements, or establishment agreements in force.
It rules in equity on other disputes, particularly when they concern wages or working conditions when these are not fixed by the provisions of laws, regulations, collective agreements or establishment agreements in force, as well as on disputes relating to the negotiation and revision of clauses in collective agreements.
→ Section 330 indicates that: The arbitration council has the broadest powers to inquire into the economic situation of the companies and the situation of the workers involved in the conflict.
It may conduct any investigations with companies and unions and require the parties to produce any document or information of an economic, accounting, financial, statistical, or administrative nature that may be useful for the accomplishment of its mission. It may call upon expert offices and generally any qualified persons likely to enlighten it.
The arbitration council must issue its decision within fifteen (15) days. If circumstances require it, this deadline may be extended, by decision of the minister in charge of labour, for an additional period not exceeding eight (8) days.
When, during the course of the arbitration procedure, the parties to the conflict reach an agreement, the procedure ends after the arbitration council has noted the agreement of the parties and its content. In the absence of such an agreement, the council renders its award, which must be reasoned.
→ Section 331 states that : The arbitral award is notified to the parties without delay. Upon the expiration of a period of two (2) clear days from the notification and if no party has expressed its opposition, the award acquires enforceable force under the conditions provided for in Section 335.
Under penalty of nullity, the opposition is made in writing and delivered to the labour inspector, who issues a receipt.
The execution of the arbitral award that has acquired enforceable force is pursued like that of a judgment from the Labour Court.
→ Section 332 provides that: The execution of the arbitral award not subject to opposition is mandatory. In the event of silence on this point, it takes effect from the day of the conciliation attempt.
Professional unions may exercise all actions arising from an arbitral award.
The arbitral award is immediately posted in the offices of the labour inspection, at the ministry of labour, and published in the Official Journal of the Republic of Niger. The minutes are deposited at the secretariat of the Labour Court.
→ Section 333: The members of the arbitration council, the persons and experts whose services may be called upon are bound by professional secrecy under penalty of the sanctions provided for in Section 221 of the Penal Code, with regard to the information and documents communicated to them, as well as the facts of which they would have become aware in the accomplishment of their mission.
→ Section 334: The conciliation-arbitration procedure is free of charge. Travel expenses, loss of wages and salaries, in particular, are borne by the State budget.
→ Section 335 indicates that: Arbitral awards that have acquired enforceable force may be subject to an appeal for abuse of power or violation of the law before the judicial chamber of the Court of Cassation.
This appeal is introduced and judged within the deadlines, forms, and conditions of appeals in cassation in civil matters.
When the Court of Cassation pronounces the annulment of all or part of an arbitral award, it refers the case back to the minister in charge of labour, who is responsible for appointing another arbitration council composed differently.

Section 289 LC indicates that: The Labour Courts have jurisdiction over:
1. Disputes that may arise during the performance of an employment contract and an apprenticeship contract between workers or apprentices and their employers or masters;
2. Disputes between workers or apprentices, employers or masters in connection with employment or apprenticeship contracts;
3. Disputes related to collective agreements and the decrees replacing them;
4. Disputes arising from the application of regulations on work accidents and occupational safety and health.

→ Sections 82(b) & 84(1) of the LA establish the power of courts to order compensation for any wrong or damage sustained through the contravention of the Act or a contract of employment.
▻ 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.
▻ In the event of wrongful dismissal without notice (for gross misconduct), the damages awarded correspond 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.
Nigerian law excludes damages for injured feelings (following the English case of Addis v. Gramophone Co. [1908] AC 488).
▻ Therefore, in practice, compensation is limited to pay in lieu of notice. No additional damages.

Reinstatement is only available in limited circumstances (in particular, when the termination was based on the employee's trade union activities).

▷ See: Chioma Kanu Agomo, 'Part I. Individual Employment Relations' (August 2010), pp. 39-72, 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:
" The regular courts have consistently declined employee's request for reinstatement as appropriate remedy for wrongful termination (see Chukwuma v. Shell Petroleum Development Company of Nigeria Ltd (1993) 4 NWLR 512; Sule v. Nigerian Cotton Board (1985) 2 NWLR 17; New Nigeria Bank Ltd v. Oniovosa (1995) 7 NWLR 691)"
▻ This principle applies to the private sector, reinstatement is an available remedy for wrongful termination in the public sector.
▻ 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 'statutory flavour', 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.

▷ National Industrial Court Act 2006 (NICA)
Section 20 of NICA indicates: In any proceedings in the Court, the Court may promote reconciliation among the parties thereto and encourage and facilitate the amicable settlement thereof.

▷ Trade Dispute Act
Trade Dispute Act requires parties to exhaust voluntary negotiation and mediation efforts before a dispute is reported to the Minister for possible conciliation.
→ Section 4 of the Trade Dispute Act provides that:
(1) If there exists agreed means for settlement of the dispute apart from this Act, whether by virtue of the provisions of any agreement between organisations representing the interests of employers and organisation of workers or any other agreement, the parties to the dispute shall first attempt to settle it by that means.
(2) If the attempt to settle the dispute as provided in subsection (1) of this section fails, or if no such agreed means of settlement as are mentioned in that subsection exists, the parties shall within seven days of the failure (or, if no such means exists, within seven days of the date on which the dispute arises or is first apprehended) meet together by themselves or their representatives, under the presidency of a mediator mutually agreed upon and appointed by or on behalf of the parties, with a view to the amicable settlement of the dispute.

→ Section 6 of the Trade Dispute Act provides for the reporting of the a dispute if not amicably settled indicating that:
(1) If within seven days of the date on which a mediator is appointed in accordance with section 4 (2) of this Act the dispute is not settled, the dispute shall be reported to the Minister by or on behalf of either of the parties within three days of the end of the seven days.
→ Section 8 of the Trade Dispute Act stipulates that:
(1) The Minister may for the purposes of section 7 of this Act appoint a fit person to act as conciliator for the purpose of effecting a settlement of the dispute.
(2) The person appointed as conciliator under this section shall inquire into the causes and circumstances of the dispute and by negotiation with the parties endeavour to bring about a settlement.

Arbitration is available for labour disputes in Nigeria.
▷ Trade Disputes Act
→ Under Section 9 of the Trade Disputes Act, disputes can be referred to the Industrial Arbitration Panel (IAP) for arbitration after failed conciliation by the Minister of Labour and Employment.
The IAP's award is binding but can be appealed to the National Industrial Court of Nigeria (NICN).
→ Under Section 48 of the Trade Dispute Act, a "trade dispute" means "any dispute between employers and workers or between workers and workers, which is connected with the employment or non-employment, or the terms of employment and physical conditions of work of any person".
▻ Note: 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.
▷ Parties may also opt for voluntary arbitration under collective agreements or the Arbitration and Conciliation Act, though statutory processes take precedence for disputes of a commercial nature.

Labour Act (LA)
→ Section 80 (1) LA: A magistrate's court (or, in a State where a magistrate's court has no civil jurisdiction, a district court) shall have jurisdiction to hear complaints under section 81 of this Act.
(2) Without prejudice to the jurisdiction to hear complaints conferred by subsection (1) of this section, the Chief Judge of a State, with the concurrence of the State Authority, may by order confer jurisdiction to hear such complaints on area courts or customary courts in the State or part of the State.
▷ National Industrial Court Act 2006 (NICA)
→ Section 7 (1) of the NICA provides that: The [National Industrial] Court shall have and exercise exclusive jurisdiction in civil causes and matters-
(a) relating to-
(i) labour, including trade unions and industrial relations; and
(i1) environment and conditions of work, health, safety and welfare of labour, and matters incidental thereto; and
(b) relating to the grant of any order to restrain any person or body from taking part in any strike, lock-out, or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out or any industrial action;
(c) relating to the determination of any question as to the interpretation of-
(i) any collective agreement,
(il) any award made by an arbitral tribunal in respect of a labour dispute or an organisational dispute,
(iii) the terms of settlement of any labour dispute, organisational dispute, as may be recorded in any memorandum of settlement,
(iv) any trade union constitution, and
(v) any award or judgment of the Court.

Note: Until the adoption of the National Industrial Court Act (2006), individual employment claims (including wrongful terminations) were only handled by ordinary (magistrate’s) courts. However, the 2006 Act now confers jurisdiction to the National Industrial Court over individual employment disputes under Section 7.

Labour Act (LA)
→ Section 80 (1) LA: A magistrate's court (or, in a State where a magistrate's court has no civil jurisdiction, a district court) shall have jurisdiction to hear complaints under section 81 of this Act.
(2) Without prejudice to the jurisdiction to hear complaints conferred by subsection (1) of this section, the Chief Judge of a State, with the concurrence of the State Authority, may by order confer jurisdiction to hear such complaints on area courts or customary courts in the State or part of the State.
▷ National Industrial Court Act 2006 (NICA)
→ Section 7 (1) of the NICA provides that: The [National Industrial] Court shall have and exercise exclusive jurisdiction in civil causes and matters-
(a) relating to-
(i) labour, including trade unions and industrial relations; and
(i1) environment and conditions of work, health, safety and welfare of labour, and matters incidental thereto; and
(b) relating to the grant of any order to restrain any person or body from taking part in any strike, lock-out, or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out or any industrial action;
(c) relating to the determination of any question as to the interpretation of-
(i) any collective agreement,
(il) any award made by an arbitral tribunal in respect of a labour dispute or an organisational dispute,
(iii) the terms of settlement of any labour dispute, organisational dispute, as may be recorded in any memorandum of settlement,
(iv) any trade union constitution, and
(v) any award or judgment of the Court.

Note: Until the adoption of the National Industrial Court Act (2006), individual employment claims (including wrongful terminations) were only handled by ordinary (magistrate’s) courts. However, the 2006 Act now confers jurisdiction to the National Industrial Court over individual employment disputes under Section 7.

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'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.
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's request, had to fix the date of termination of employment and award compensation depending on the employee's length of service, age, social status and family responsibilities.(previously art. 102(5)LRA).