In addition to the establishment of prohibited grounds for dismissal, numerous countries extend special protection to specific groups of workers, such as workers’ representatives or pregnant women, in order to protect them against retaliation or discrimination. For instance, in the case of workers’ representatives, there may be provisions in the law that require that the employer consults or gets approval from an independent or bipartite body prior to dismissal.

Show data for

Over 80% of EPLex countries have special protections for pregnant women or women on maternity leave

  • Special protection for pregnant women or women on maternity leave
  • No special protection
  • No data

Worker categories enjoying special protections

Year(s) Country Region pregnant women and/or women on maternity leave workers with family responsibilities workers' representatives confirmed injured workers older workers/workers on the verge of retirement workers with disabilities workers performing military/alternative service workers on temporary leave following an occupational disease or a work injury workers holding an elected position or discharging a public function war veterans nationals workers with a long period of service minors no protected groups
2019 Afghanistan Asia Y
Y Art. 28 LC prohibits any transfer or termination of employment during any paid leave period unless the undertaking has been dissolved. This means that dismissal is not permitted during maternity leave (90 days).
However this protection does not cover the entire pregnancy period.
N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Algeria Africa N N N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Angola Africa Y
Y
Art. 207 provides for special protection against disciplinary dismissal for the following categories of workers:
- trade union leaders, trade union delegates or worker's representatives;
- women covered by maternity protection (=during the entire period of pregnancy until 1 year after delivery (arts 246 and 251 GLA);
- war veterans;
- minors (art. 260 GLA);
- workers with a limited occupational disability degree of 20% or above.
Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives and women enjoying maternity protection) is subject to the authorization of the General Labour Inspectorate (see arts. 207(3), 260 GLA). The law provides that a woman covered by the maternity protection has the right not to be dismissed unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship and provided that the Labour inspector acknowledges that the offence is of such nature and grants authorization (art. 246 (1)d) and (4) GLA). Besides, a woman covered by the maternity protection has the right not to be dismissed for objective reasons (art. 251 GLA).
- Specific rules apply to the disciplinary dismissal of trade union leaders, trade union delegates or worker's representatives: mandatory notification to the trade union or the body they belong, presumption of unfair dismissal, higher compensation for unfair dismissal.
N N Y
Y
Art. 207 provides for special protection against disciplinary dismissal for the following categories of workers:
- trade union leaders, trade union delegates or worker's representatives;
- women covered by maternity protection (=during the entire period of pregnancy until 1 year after delivery (arts 246 and 251 GLA);
- war veterans;
- minors (art. 260 GLA);
- workers with a limited occupational disability degree of 20% or above.
Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives and women enjoying maternity protection) is subject to the authorization of the General Labour Inspectorate (see arts. 207(3), 260 GLA). The law provides that a woman covered by the maternity protection has the right not to be dismissed unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship and provided that the Labour inspector acknowledges that the offence is of such nature and grants authorization (art. 246 (1)d) and (4) GLA). Besides, a woman covered by the maternity protection has the right not to be dismissed for objective reasons (art. 251 GLA).
- Specific rules apply to the disciplinary dismissal of trade union leaders, trade union delegates or worker's representatives: mandatory notification to the trade union or the body they belong, presumption of unfair dismissal, higher compensation for unfair dismissal.
N N N N Y
Y
Art. 207 provides for special protection against disciplinary dismissal for the following categories of workers:
- trade union leaders, trade union delegates or worker's representatives;
- women covered by maternity protection (=during the entire period of pregnancy until 1 year after delivery (arts 246 and 251 GLA);
- war veterans;
- minors (art. 260 GLA);
- workers with a limited occupational disability degree of 20% or above.
Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives and women enjoying maternity protection) is subject to the authorization of the General Labour Inspectorate (see arts. 207(3), 260 GLA). The law provides that a woman covered by the maternity protection has the right not to be dismissed unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship and provided that the Labour inspector acknowledges that the offence is of such nature and grants authorization (art. 246 (1)d) and (4) GLA). Besides, a woman covered by the maternity protection has the right not to be dismissed for objective reasons (art. 251 GLA).
- Specific rules apply to the disciplinary dismissal of trade union leaders, trade union delegates or worker's representatives: mandatory notification to the trade union or the body they belong, presumption of unfair dismissal, higher compensation for unfair dismissal.
N N N N N N Y
Y
Art. 207 provides for special protection against disciplinary dismissal for the following categories of workers:
- trade union leaders, trade union delegates or worker's representatives;
- women covered by maternity protection (=during the entire period of pregnancy until 1 year after delivery (arts 246 and 251 GLA);
- war veterans;
- minors (art. 260 GLA);
- workers with a limited occupational disability degree of 20% or above.
Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives and women enjoying maternity protection) is subject to the authorization of the General Labour Inspectorate (see arts. 207(3), 260 GLA). The law provides that a woman covered by the maternity protection has the right not to be dismissed unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship and provided that the Labour inspector acknowledges that the offence is of such nature and grants authorization (art. 246 (1)d) and (4) GLA). Besides, a woman covered by the maternity protection has the right not to be dismissed for objective reasons (art. 251 GLA).
- Specific rules apply to the disciplinary dismissal of trade union leaders, trade union delegates or worker's representatives: mandatory notification to the trade union or the body they belong, presumption of unfair dismissal, higher compensation for unfair dismissal.
N N N N Y
Y
Art. 207 provides for special protection against disciplinary dismissal for the following categories of workers:
- trade union leaders, trade union delegates or worker's representatives;
- women covered by maternity protection (=during the entire period of pregnancy until 1 year after delivery (arts 246 and 251 GLA);
- war veterans;
- minors (art. 260 GLA);
- workers with a limited occupational disability degree of 20% or above.
Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives and women enjoying maternity protection) is subject to the authorization of the General Labour Inspectorate (see arts. 207(3), 260 GLA). The law provides that a woman covered by the maternity protection has the right not to be dismissed unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship and provided that the Labour inspector acknowledges that the offence is of such nature and grants authorization (art. 246 (1)d) and (4) GLA). Besides, a woman covered by the maternity protection has the right not to be dismissed for objective reasons (art. 251 GLA).
- Specific rules apply to the disciplinary dismissal of trade union leaders, trade union delegates or worker's representatives: mandatory notification to the trade union or the body they belong, presumption of unfair dismissal, higher compensation for unfair dismissal.
N N
2019 Argentina Americas Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
N N Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
N N Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
N N N N N N N N N N
2019 Australia Asia N N N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Austria Europe Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).
N N Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).
N N N N N N N N N N N N N N
2019 Azerbaijan Europe Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
N N N N N N Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
N N N N N N N N N N Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
N N
2019 Bangladesh Asia N N N N Y
Y - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
N N N N N N N N N N N N N N N N N N N N N N
2019 Belgium Europe Y
Y * Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.
N N Y
Y * Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.
N N N N N N N N N N Y
Y * Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.
N N N N N N N N N N
2019 Bolivia Americas Y
Y Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004
N N Y
Y Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004
N N N N Y
Y Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004
N N N N N N N N N N N N N N N N
2019 Brazil Americas Y
Y - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).
N N Y
Y - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).
N N N N N N N N Y
Y - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).
N N N N N N N N N N N N
2019 Bulgaria Europe Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
N N N N N N N N N N N N N N N N N N N N
2019 Burkina Faso Africa Y
Y Art. 314 LC
Art. 147 LC: prohibition to dismiss women on maternity leave.
N N Y
Y Art. 314 LC
Art. 147 LC: prohibition to dismiss women on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N
2019 Cameroon Africa Y
Y Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.

Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.
N N Y
Y Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.

Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.
N N N N N N N N N N N N N N N N N N N N N N
2019 Canada (Federal only) Americas N N N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Central African Republic Africa Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
N N Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
N N N N N N Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
N N N N N N N N N N
2019 Chile Americas Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
N N N N N N N N Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
N N N N N N N N N N N N
2019 Colombia Americas Y
Y Workers during pregnancy, lactation or maternity leave: Article 239 of Labour Code provides that no worker may be fired during pregnancy or lactation without the prior authorization of the Ministry of Labor that guarantees a just cause. Dismissal is presumed due to pregnancy or lactation, when it has taken place during the pregnancy period and / or within three months after delivery. Workers who are dismissed without authorization from the competent authorities, shall be entitled to the additional payment of an indemnity equal to sixty (60) working days, apart from the indemnities and benefits that there be a place according to your employment contract. In the case of the working woman who for some exceptional reason does not enjoy the mandatory prepartum week, and / or some of the seventeen (17) weeks of rest, she will be entitled to the payment of the weeks that she did not have a leave. In the case of multiple births, she will have the right to pay two (2) additional weeks and, in the event that the child is premature, to pay the time difference between the date of delivery and the term birth

Members of trade unions have job stability: Articles 405 and 406 of Labour Code
N N Y
Y Workers during pregnancy, lactation or maternity leave: Article 239 of Labour Code provides that no worker may be fired during pregnancy or lactation without the prior authorization of the Ministry of Labor that guarantees a just cause. Dismissal is presumed due to pregnancy or lactation, when it has taken place during the pregnancy period and / or within three months after delivery. Workers who are dismissed without authorization from the competent authorities, shall be entitled to the additional payment of an indemnity equal to sixty (60) working days, apart from the indemnities and benefits that there be a place according to your employment contract. In the case of the working woman who for some exceptional reason does not enjoy the mandatory prepartum week, and / or some of the seventeen (17) weeks of rest, she will be entitled to the payment of the weeks that she did not have a leave. In the case of multiple births, she will have the right to pay two (2) additional weeks and, in the event that the child is premature, to pay the time difference between the date of delivery and the term birth

Members of trade unions have job stability: Articles 405 and 406 of Labour Code
N N N N N N N N N N N N N N N N N N N N N N
2019 Comoros Africa Y
Y - Workers' representatives: article 203 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal. [New in June 2012: the article number has changed in the new LC (former art. 183, now art. 203), and the new LC introduced new provisions: the new LC provides that the court's decision must be made within a period of one month].
- Women on maternity leave: article 125 of the Labour Code: no worker can be dismissed during maternity leave.
- In addition, the LC establishes a special protection against dismissal for widows: article 125 (former art. 121) of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.
N N Y
Y - Workers' representatives: article 203 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal. [New in June 2012: the article number has changed in the new LC (former art. 183, now art. 203), and the new LC introduced new provisions: the new LC provides that the court's decision must be made within a period of one month].
- Women on maternity leave: article 125 of the Labour Code: no worker can be dismissed during maternity leave.
- In addition, the LC establishes a special protection against dismissal for widows: article 125 (former art. 121) of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.
N N N N N N N N N N N N N N N N N N N N N N
2019 Congo, Democratic Republic Africa Y
Y - Workers' representatives:
Mandatory approval by the Labour Inspector is required for any dismissal of a workers' representative ( full or alternate member): see Art. 258 LC.
In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

- Pregnant women /women on maternity leave: no special protection for pregnant women during the entire period of pregnancy (other than the prohibition of dismissal on the ground of pregnancy). However, dismissal is "per se" prohibited during maternity leave: Art. 130 LC.
N N Y
Y - Workers' representatives:
Mandatory approval by the Labour Inspector is required for any dismissal of a workers' representative ( full or alternate member): see Art. 258 LC.
In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

- Pregnant women /women on maternity leave: no special protection for pregnant women during the entire period of pregnancy (other than the prohibition of dismissal on the ground of pregnancy). However, dismissal is "per se" prohibited during maternity leave: Art. 130 LC.
N N N N N N N N N N N N N N N N N N N N N N
2019 Costa Rica Americas Y
Y See article 94 of Labour Code. N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Côte d'Ivoire Africa Y
Y Art. 61.8 LC : Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un délégué du personnel.
Art. 51.8 LC: Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un travailleur membre du bureau d'un syndicat professionnel.
Art. 23.4 LC: Interdiction pour l'employeur de résilier le contrat de travail d'une salariée enceinte ou en congé de maternité
______________
In English:
Art. 61.8 LC : prior authorization from the Labour Inspector required for the dismissal of worker's representatives.
Art. 51.8 LC: prior authorization from the Labour Inspector required for the dismissal of trade union representatives.
Art. 23.4 LC: prohibition to dismiss pregnant women and women on maternity leave.
N N Y
Y Art. 61.8 LC : Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un délégué du personnel.
Art. 51.8 LC: Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un travailleur membre du bureau d'un syndicat professionnel.
Art. 23.4 LC: Interdiction pour l'employeur de résilier le contrat de travail d'une salariée enceinte ou en congé de maternité
______________
In English:
Art. 61.8 LC : prior authorization from the Labour Inspector required for the dismissal of worker's representatives.
Art. 51.8 LC: prior authorization from the Labour Inspector required for the dismissal of trade union representatives.
Art. 23.4 LC: prohibition to dismiss pregnant women and women on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N
2019 Cuba Americas Y
Y See above article 50 of Labour Code.



N N Y
Y See above article 50 of Labour Code.



Y
Y See above article 50 of Labour Code.



N N N N Y
Y See above article 50 of Labour Code.



N N N N N N N N N N N N N N
2019 Cyprus Europe Y
Y See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)
Y
Y See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)
N N N N N N N N N N N N N N N N N N N N N N N N
2019 Czechia Europe Y
Y Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.
Y
Y Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.
Y
Y Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.
N N N N N N Y
Y Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.
N N Y
Y Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.
N N N N N N N N N N
2019 Ecuador Americas Y
Y Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.
N N Y
Y Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.
N N N N N N Y
Y Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.
Y
Y Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.
N N N N N N N N N N N N
2019 El Salvador Americas Y
Y - On pregnancy and maternity leave, see art. 113 LC: An employer cannot dismiss a pregnant women by way of de facto dismissal or dismissal following a court's decision during the entire period of pregnancy and until the end of the maternity leave unless the alleged cause for dismissal relates to facts which took place prior to the beginning of pregnancy. Even in such case, the dismissal will only be effective immediately after the end of the maternity leave.
- Trade union representatives:Previous authorization from the competent authority is required for the dismissal of a worker covered by trade union immunity (Constitution, art. 47, and Labour Code, art. 248). Trade union immunity protects trade union leaders, candidates for election to the union board, workers in the process of establishing or organizing a union and the founding members. This protection is subject to certain conditions with regard to numbers of persons protected and periods of protection which can be increased through collective agreements.
During the process of establishing the union, protection lasts for not more than 60 days from the date of notification of the administrative authority (art. 248.a) and for the founding members for up to 60 days following registration of the union (art. 214). In the case of trade union representatives, protection lasts for up to one year from the expiry of their mandate and for candidate officers, from one month before the elections take place until one week after the election.
-Art. 308-A LC: Workers who suffer from chronic illness that cause disabilities, requiring frequent medical controls, rehabilitation or specialized medical care, cannot be dismissed and cannot suffer any discount on their wages in relation to these conditions. The stability at work will last from the date when a relevant medical report certifying the medical condition has been issued and will be extended until three months after the completion of the medical treatment.
N N Y
Y - On pregnancy and maternity leave, see art. 113 LC: An employer cannot dismiss a pregnant women by way of de facto dismissal or dismissal following a court's decision during the entire period of pregnancy and until the end of the maternity leave unless the alleged cause for dismissal relates to facts which took place prior to the beginning of pregnancy. Even in such case, the dismissal will only be effective immediately after the end of the maternity leave.
- Trade union representatives:Previous authorization from the competent authority is required for the dismissal of a worker covered by trade union immunity (Constitution, art. 47, and Labour Code, art. 248). Trade union immunity protects trade union leaders, candidates for election to the union board, workers in the process of establishing or organizing a union and the founding members. This protection is subject to certain conditions with regard to numbers of persons protected and periods of protection which can be increased through collective agreements.
During the process of establishing the union, protection lasts for not more than 60 days from the date of notification of the administrative authority (art. 248.a) and for the founding members for up to 60 days following registration of the union (art. 214). In the case of trade union representatives, protection lasts for up to one year from the expiry of their mandate and for candidate officers, from one month before the elections take place until one week after the election.
-Art. 308-A LC: Workers who suffer from chronic illness that cause disabilities, requiring frequent medical controls, rehabilitation or specialized medical care, cannot be dismissed and cannot suffer any discount on their wages in relation to these conditions. The stability at work will last from the date when a relevant medical report certifying the medical condition has been issued and will be extended until three months after the completion of the medical treatment.
N N N N N N N N N N N N N N N N N N N N N N
2019 Finland Europe Y
Y * Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.
Y
Y * Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.
Y
Y * Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.
N N N N N N N N N N N N N N N N N N N N N N
2019 France Europe Y
Y *Workers' representatives:
- Trade union representatives and other worker's representatives: art. L 2411-1 LC
- Worker's adviser: art. 1232-14 LC
*Pregnant women and women on maternity leave, and new parents : art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 1225-38 LC. Art. L 1225-4 LC was amended to protect women also during the period of annual leave following the maternity leave, as well as for a period of 10 weeks following the maternity or annual leave. Further, all employees are protected during the first 10 weeks following the birth of their child (art. 1225-4-1 LC).
N N Y
Y *Workers' representatives:
- Trade union representatives and other worker's representatives: art. L 2411-1 LC
- Worker's adviser: art. 1232-14 LC
*Pregnant women and women on maternity leave, and new parents : art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 1225-38 LC. Art. L 1225-4 LC was amended to protect women also during the period of annual leave following the maternity leave, as well as for a period of 10 weeks following the maternity or annual leave. Further, all employees are protected during the first 10 weeks following the birth of their child (art. 1225-4-1 LC).
N N N N N N N N N N N N N N N N N N N N N N
2019 Gabon Africa Y
Y Art. 294 and Art. 170 LC. N N Y
Y Art. 294 and Art. 170 LC. N N N N N N N N N N N N N N N N N N N N N N
2019 Georgia Europe Y
Y Article 36 establishes the situations in which employment contract can be suspended:
a) a strike;
b) a lockout;
c) exercising active and/or passive suffrage;
d) appearance before an investigative, prosecuting, or judicial body in the cases provided for by the procedural legislation of Georgia;
e) call to compulsory military service;
f) call to military reserve service;
g) maternity and child care leave, a new-born adoption leave of absence, or a child care additional leave of absence;
h) placing a victim of violence against women and/or domestic violence in a shelter and/or a crisis centre for a maximum of 30 calendar days annually, if he/she is unable to discharge his/her official duties anymore;
i) temporary disability, unless the disability period exceeds 40 consecutive calendar days, or the total disability period exceeds 60 calendar days in six months;
j) qualification upgrading, professional training, or education not exceeding 30 calendar days annually;
k) unpaid leave of absence;
l) paid leave of absence.


Article 37 (3) Terminating labour relations shall be inadmissible:

a) on the grounds other than those laid down in paragraph 1 of this article;
b) on discrimination grounds under Article 2 of this Law;
c) during the period under Article 36(2)(g) of this Law from notification to the employer from a female employee about her pregnancy, except for the grounds under paragraph (1)(b-e, g, h, j, l) of this article;
d) due to an employee being called to compulsory military service or military reserve service and/or during an employee’s period of compulsory military service or military reserve service, except for the grounds under paragraph(1)(b-e, g, h, j, l) of this article;
e) during the period of being a jury in court, except for the grounds under paragraph (1)(b-e, g, h, j, l) of this article.

N N N N N N N N N N Y
Y Article 36 establishes the situations in which employment contract can be suspended:
a) a strike;
b) a lockout;
c) exercising active and/or passive suffrage;
d) appearance before an investigative, prosecuting, or judicial body in the cases provided for by the procedural legislation of Georgia;
e) call to compulsory military service;
f) call to military reserve service;
g) maternity and child care leave, a new-born adoption leave of absence, or a child care additional leave of absence;
h) placing a victim of violence against women and/or domestic violence in a shelter and/or a crisis centre for a maximum of 30 calendar days annually, if he/she is unable to discharge his/her official duties anymore;
i) temporary disability, unless the disability period exceeds 40 consecutive calendar days, or the total disability period exceeds 60 calendar days in six months;
j) qualification upgrading, professional training, or education not exceeding 30 calendar days annually;
k) unpaid leave of absence;
l) paid leave of absence.


Article 37 (3) Terminating labour relations shall be inadmissible:

a) on the grounds other than those laid down in paragraph 1 of this article;
b) on discrimination grounds under Article 2 of this Law;
c) during the period under Article 36(2)(g) of this Law from notification to the employer from a female employee about her pregnancy, except for the grounds under paragraph (1)(b-e, g, h, j, l) of this article;
d) due to an employee being called to compulsory military service or military reserve service and/or during an employee’s period of compulsory military service or military reserve service, except for the grounds under paragraph(1)(b-e, g, h, j, l) of this article;
e) during the period of being a jury in court, except for the grounds under paragraph (1)(b-e, g, h, j, l) of this article.

N N N N N N N N N N N N N N
2019 Greece Europe Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N N N N N Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N N N Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N N N N N N N
2019 Guatemala Americas Y
Y Women in a state of pregnancy or lactation period (art. 151 (c) of Labour Code), workers in formation of a union (art. 209 Labour Code), the members of the Executive Committee of the Union during the exercise up to 12 months after of their mandate has ended (art. 223 (d) Labour Code) and the workers participating in a collective economic and social conflict (art. 380 Labour Code).
The foregoing implies that it is required to process and obtain a judicial or administrative authorization prior to the application of the dismissal.
N N Y
Y Women in a state of pregnancy or lactation period (art. 151 (c) of Labour Code), workers in formation of a union (art. 209 Labour Code), the members of the Executive Committee of the Union during the exercise up to 12 months after of their mandate has ended (art. 223 (d) Labour Code) and the workers participating in a collective economic and social conflict (art. 380 Labour Code).
The foregoing implies that it is required to process and obtain a judicial or administrative authorization prior to the application of the dismissal.
N N N N N N N N N N N N N N N N N N N N N N
2019 Honduras Americas Y
Y - Article 516 of Labour Code: employees who are members of the Board of Directors of a trade union, from their election up to six months after ceasing their duties, enjoy special protection: they can only be dimissed with prior authorization of the Labour judge (the autorization will be only delivered if the employer duly proved the existence of a just cause).
If the employer fails to comply with this requirement, he or she will be liable to pay the 6 months' salary to the trade union organization.
Article 124 of Labour Code provides protection against dismissal of pregnant or breastfeeding women, which will remain until the end of the post-natal rest (3 months after labour) or until a judicial decision declaring the termination of the contract.
Articles 144 and 145 provide rules for termination of employment of pregnant or breastfeeding workers, in which case the employer must to obtain prior authorization from the Labour Inspector (or the mayor). Such authorization to dismiss can only be given if the existence of one of the just causes listed in art. 112 is proven.


N N Y
Y - Article 516 of Labour Code: employees who are members of the Board of Directors of a trade union, from their election up to six months after ceasing their duties, enjoy special protection: they can only be dimissed with prior authorization of the Labour judge (the autorization will be only delivered if the employer duly proved the existence of a just cause).
If the employer fails to comply with this requirement, he or she will be liable to pay the 6 months' salary to the trade union organization.
Article 124 of Labour Code provides protection against dismissal of pregnant or breastfeeding women, which will remain until the end of the post-natal rest (3 months after labour) or until a judicial decision declaring the termination of the contract.
Articles 144 and 145 provide rules for termination of employment of pregnant or breastfeeding workers, in which case the employer must to obtain prior authorization from the Labour Inspector (or the mayor). Such authorization to dismiss can only be given if the existence of one of the just causes listed in art. 112 is proven.


N N N N N N N N N N N N N N N N N N N N N N
2019 Hungary Europe Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
N N N N N N Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
N N N N N N N N N N N N N N
2019 India Asia Y
Y Schedule Five of the IDA
Art. 12 of the Maternity Benefit Act
N N Y
Y Schedule Five of the IDA
Art. 12 of the Maternity Benefit Act
N N N N N N N N N N N N N N N N N N N N N N
2019 Indonesia Asia Y
Y See: art. 153 c), g), j) and 172 MA. N N N N Y
Y See: art. 153 c), g), j) and 172 MA. N N N N N N N N N N N N N N N N N N N N
2019 Italy Europe Y
Y - Workers’ representatives: see Article 15 and Article 18 of Law No. 300 of 1970
- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to Article 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.
- Workers on paternity leave equally benefit from the protection against dismissal (note, however, that, under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).
- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).
Y
Y - Workers’ representatives: see Article 15 and Article 18 of Law No. 300 of 1970
- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to Article 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.
- Workers on paternity leave equally benefit from the protection against dismissal (note, however, that, under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).
- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).
Y
Y - Workers’ representatives: see Article 15 and Article 18 of Law No. 300 of 1970
- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to Article 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.
- Workers on paternity leave equally benefit from the protection against dismissal (note, however, that, under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).
- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).
N N N N N N N N N N N N N N N N N N N N N N
2019 Japan Asia Y
Y see above N N Y
Y see above N N N N Y
Y see above N N Y
Y see above N N N N N N Y
Y see above N N N N
2019 Jordan Arab States Y
Y Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.
Art. 97 (B) LL: "The employer shall not make the recruiting of the employee subject to the condition of his/her not joining the trade union, or waiving his/her membership in it, and the employer may not ask the employee to be disengaged from any association, the employer may not prejudice any of the employee's rights because of his/her membership in any association or contributing in its activities beyond the working hours."

The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that: "Employers are prohibited from employing any worker on condition that he is not part of a trade union, relinquishing membership in it, work to dismiss him from any trade union, undermine any of his rights because of trade union membership or contributing to its activities outside working hours. Employers are prohibited from taking any action against the trade union representative because of practicing union activities, including dismissal from work. If the employer takes such action, the labour inspector shall issue a warning on the need to correct the violation within a period not to exceed seven days from the warning. If the violation persists, the labour inspector shall write a report and refer the matter to the competent court. The worker may also claim damages caused because of the action taken against him. If he is dismissed from work, the court may issue a decision to reinstate him along with the payment of full remuneration for the period he was dismissed from work. If the worker is unable to return to work for reasons related to the employer, he may claim additional compensation ranging between 6 and 12 months of remuneration, in addition to compensation for arbitrary dismissal and any other rights due."
N N Y
Y Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.
Art. 97 (B) LL: "The employer shall not make the recruiting of the employee subject to the condition of his/her not joining the trade union, or waiving his/her membership in it, and the employer may not ask the employee to be disengaged from any association, the employer may not prejudice any of the employee's rights because of his/her membership in any association or contributing in its activities beyond the working hours."

The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that: "Employers are prohibited from employing any worker on condition that he is not part of a trade union, relinquishing membership in it, work to dismiss him from any trade union, undermine any of his rights because of trade union membership or contributing to its activities outside working hours. Employers are prohibited from taking any action against the trade union representative because of practicing union activities, including dismissal from work. If the employer takes such action, the labour inspector shall issue a warning on the need to correct the violation within a period not to exceed seven days from the warning. If the violation persists, the labour inspector shall write a report and refer the matter to the competent court. The worker may also claim damages caused because of the action taken against him. If he is dismissed from work, the court may issue a decision to reinstate him along with the payment of full remuneration for the period he was dismissed from work. If the worker is unable to return to work for reasons related to the employer, he may claim additional compensation ranging between 6 and 12 months of remuneration, in addition to compensation for arbitrary dismissal and any other rights due."
N N N N N N Y
Y Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.
Art. 97 (B) LL: "The employer shall not make the recruiting of the employee subject to the condition of his/her not joining the trade union, or waiving his/her membership in it, and the employer may not ask the employee to be disengaged from any association, the employer may not prejudice any of the employee's rights because of his/her membership in any association or contributing in its activities beyond the working hours."

The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that: "Employers are prohibited from employing any worker on condition that he is not part of a trade union, relinquishing membership in it, work to dismiss him from any trade union, undermine any of his rights because of trade union membership or contributing to its activities outside working hours. Employers are prohibited from taking any action against the trade union representative because of practicing union activities, including dismissal from work. If the employer takes such action, the labour inspector shall issue a warning on the need to correct the violation within a period not to exceed seven days from the warning. If the violation persists, the labour inspector shall write a report and refer the matter to the competent court. The worker may also claim damages caused because of the action taken against him. If he is dismissed from work, the court may issue a decision to reinstate him along with the payment of full remuneration for the period he was dismissed from work. If the worker is unable to return to work for reasons related to the employer, he may claim additional compensation ranging between 6 and 12 months of remuneration, in addition to compensation for arbitrary dismissal and any other rights due."
N N N N N N N N N N N N N N
2019 Kazakhstan Europe Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
N N N N Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
N N N N N N N N N N N N N N N N
2019 Korea, Republic of Asia Y
Y Art. 23 (2) LSA: No employer shall dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter, and any female worker during a period of temporary interruption of work before and after childbirth and within 30 days thereafter. This does not apply in the event of payment of the statutory compensation following an occupational injury or disease or in the event of business closure. N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Kyrgyzstan Europe Y
Y Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
Y
Y Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
Y
Y Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
N N N N N N N N N N N N N N N N N N N N N N
2019 Lesotho Africa Y
Y - Women on maternity leave: Art. 136 LC provides that any dismissal of any employee that takes effect during her statutory maternity leave shall automatically be an unfair dismissal; and where a female employee is absent from work due to confinement or illness related to pregnancy, or remains absent from work for a longer period as a result of an illness which a medical officer or a registered nurse or midwife has certified in writing to arise in his or her opinion out of the employee's pregnancy or confinement and to render her unfit to return to work, no employer shall, during the period of her absence from work, give notice to dismiss her or terminate her contract of employment.

- Worker's representatives, see Codes of good practices Art. 11 (8) : specific discipline procedure (mandatory consultation with the trade union).
N N Y
Y - Women on maternity leave: Art. 136 LC provides that any dismissal of any employee that takes effect during her statutory maternity leave shall automatically be an unfair dismissal; and where a female employee is absent from work due to confinement or illness related to pregnancy, or remains absent from work for a longer period as a result of an illness which a medical officer or a registered nurse or midwife has certified in writing to arise in his or her opinion out of the employee's pregnancy or confinement and to render her unfit to return to work, no employer shall, during the period of her absence from work, give notice to dismiss her or terminate her contract of employment.

- Worker's representatives, see Codes of good practices Art. 11 (8) : specific discipline procedure (mandatory consultation with the trade union).
N N N N N N N N N N N N N N N N N N N N N N
2019 Luxembourg Europe Y
Y * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
* Workers' representatives: prohibition of dismissal: art. L 415-10 and 415-11 LC.
___________
* Femmes enceintes / femmes en congé de maternité : interdiction de licenciement : art. L 337-1 LC.
* Représentants des travailleurs : interdiction de licenciement :
art. L 415-10 et 415-11 LC.
N N Y
Y * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
* Workers' representatives: prohibition of dismissal: art. L 415-10 and 415-11 LC.
___________
* Femmes enceintes / femmes en congé de maternité : interdiction de licenciement : art. L 337-1 LC.
* Représentants des travailleurs : interdiction de licenciement :
art. L 415-10 et 415-11 LC.
N N N N N N N N N N N N N N N N N N N N N N
2019 Madagascar Africa Y
Y - Any dismissal of a workers' representative, a trade union officer or a member of the works council is subject to the authorization of the Labour Inspector (see Arts. 152, 156 and 165 LC).
- As a general rule, pregnant women cannot be dismissed during pregnancy. However dismissal is possible if the pregnant employee commits malpractice which is not connected to her pregnancy: Art. 95 LC.
- Dismissal is prohibited during maternity leave: Art. 97 LC.
N N Y
Y - Any dismissal of a workers' representative, a trade union officer or a member of the works council is subject to the authorization of the Labour Inspector (see Arts. 152, 156 and 165 LC).
- As a general rule, pregnant women cannot be dismissed during pregnancy. However dismissal is possible if the pregnant employee commits malpractice which is not connected to her pregnancy: Art. 95 LC.
- Dismissal is prohibited during maternity leave: Art. 97 LC.
N N N N N N N N N N N N N N N N N N N N N N
2019 Malawi Africa N N N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Mexico Americas N N N N N N N N N N N N N N N N N N N N N N Y
Y *Art. 161 FLA: Workers with more than 20 years of service can only be dismissed on of the grounds listed art. 47 (reasons related to the worker's conduct) provided that such reason is particularly serious or makes it impossible to continue the employment relationship. N N N N
2019 Morocco Africa Y
Y Art. 58 LC: Severance pay is doubled for workers' representatives.
Art. 457 LC: Approval by the labour administration is required in case of a disciplinary dismissal of a workers' representative.
Art. 159 LC: Prohibition to dismiss women during pregnancy and women on maternity leave.
N N Y
Y Art. 58 LC: Severance pay is doubled for workers' representatives.
Art. 457 LC: Approval by the labour administration is required in case of a disciplinary dismissal of a workers' representative.
Art. 159 LC: Prohibition to dismiss women during pregnancy and women on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N
2019 Mozambique Africa Y
Y Article 11, d, of Labour Act provides protection against dismissal for women in pregnancy, during the maternity leave, and until 1 years after the child´s birth.
Article 161 (2) provides that an employer shall be prohibited from terminating the employment contract of the members of the trade union associations and trade union committees without just cause, for reasons attributable to the performance of their trade union duties.
Article 229 provides that the worker has the right to compensation for an accident at work or occupational disease requires an effort by the employer to occupy the injured worker in a job compatible with his or her capacity residual. If it is impossible to fit the employee under the terms described in the previous paragraph, the employer may terminate the contract, in which case the employee shall be compensated in accordance with article 128 of the Labour Act. The Decree No 62/2013, in its article 17, provides that dismissal without just cause of the worker temporarily incapacitated as a result of a work-related accident, without prejudice to other rights established by law, if you choose to non-reintegration, the right to compensation equal to that provided for in case of just cause argued by the worker.
N N Y
Y Article 11, d, of Labour Act provides protection against dismissal for women in pregnancy, during the maternity leave, and until 1 years after the child´s birth.
Article 161 (2) provides that an employer shall be prohibited from terminating the employment contract of the members of the trade union associations and trade union committees without just cause, for reasons attributable to the performance of their trade union duties.
Article 229 provides that the worker has the right to compensation for an accident at work or occupational disease requires an effort by the employer to occupy the injured worker in a job compatible with his or her capacity residual. If it is impossible to fit the employee under the terms described in the previous paragraph, the employer may terminate the contract, in which case the employee shall be compensated in accordance with article 128 of the Labour Act. The Decree No 62/2013, in its article 17, provides that dismissal without just cause of the worker temporarily incapacitated as a result of a work-related accident, without prejudice to other rights established by law, if you choose to non-reintegration, the right to compensation equal to that provided for in case of just cause argued by the worker.
N N N N N N N N Y
Y Article 11, d, of Labour Act provides protection against dismissal for women in pregnancy, during the maternity leave, and until 1 years after the child´s birth.
Article 161 (2) provides that an employer shall be prohibited from terminating the employment contract of the members of the trade union associations and trade union committees without just cause, for reasons attributable to the performance of their trade union duties.
Article 229 provides that the worker has the right to compensation for an accident at work or occupational disease requires an effort by the employer to occupy the injured worker in a job compatible with his or her capacity residual. If it is impossible to fit the employee under the terms described in the previous paragraph, the employer may terminate the contract, in which case the employee shall be compensated in accordance with article 128 of the Labour Act. The Decree No 62/2013, in its article 17, provides that dismissal without just cause of the worker temporarily incapacitated as a result of a work-related accident, without prejudice to other rights established by law, if you choose to non-reintegration, the right to compensation equal to that provided for in case of just cause argued by the worker.
N N N N N N N N N N N N
2019 Namibia Africa Y
Y See sec. 26(5) LA: An employer must not dismiss an employee during her maternity leave or at the expiry of that leave on:
- economic grounds (as listed in sec. 34 on collective dismissal)
- any grounds arising from her pregnancy, delivery, or her resulting family status or responsibility.
The prohibition does not apply if the employer has offered the employee comparable alternative employment; and she has unreasonably refused to accept that offer.
N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Netherlands Europe Y
Y An employer is prohibited from giving notice:
1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (Art.7:670 (2) CC);
2) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
3) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.
N N Y
Y An employer is prohibited from giving notice:
1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (Art.7:670 (2) CC);
2) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
3) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.
N N N N N N Y
Y An employer is prohibited from giving notice:
1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (Art.7:670 (2) CC);
2) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
3) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.
N N N N N N N N N N N N N N
2019 New Zealand Asia Y
Y As already stated, dismissal is prohibited on grounds of pregnancy and of a woman's state of health during pregnancy, and on grounds that a male or female employee intends to take parental leave or to assume the care of a child with a view of adoption. However, the employer is allowed to dismiss an employee for a substantial reason which is not related to the above-mentioned grounds.

There is a special protection against dismissal of a male or a female employee during parental leave and during 26 weeks thereafter: it is prohibited for the employer to dismiss them. However, this prohibition is not absolute: the dismissal will be lawful if the employer proves that he/she terminated the employee's employment on account of a redundancy situation of such nature that there was no prospect of the employer being able to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's parental leave.
(See sec. 49-52 of the Parental Leave and Employment Protection Act 1987)
Y
Y As already stated, dismissal is prohibited on grounds of pregnancy and of a woman's state of health during pregnancy, and on grounds that a male or female employee intends to take parental leave or to assume the care of a child with a view of adoption. However, the employer is allowed to dismiss an employee for a substantial reason which is not related to the above-mentioned grounds.

There is a special protection against dismissal of a male or a female employee during parental leave and during 26 weeks thereafter: it is prohibited for the employer to dismiss them. However, this prohibition is not absolute: the dismissal will be lawful if the employer proves that he/she terminated the employee's employment on account of a redundancy situation of such nature that there was no prospect of the employer being able to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's parental leave.
(See sec. 49-52 of the Parental Leave and Employment Protection Act 1987)
N N N N N N N N N N N N N N N N N N N N N N N N
2019 Nicaragua Americas Y
Y See articles 144, 231 and 234 of Labour Code. N N Y
Y See articles 144, 231 and 234 of Labour Code. N N N N N N N N N N N N N N N N N N N N N N
2019 Niger Africa Y
Y * Workers' representatives: Art. 227-228 new LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
New in Sept. 2012:
The LC introduced new provisions to further protect workers' representatives. 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.
In addition, the new law establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
Article 228 LC: Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
* See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

* Pregnant women and women on maternity leave: No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Article 111 LC.
Prohibition of dismissal during pregnancy is included under Article 78 LC (last point).
N N Y
Y * Workers' representatives: Art. 227-228 new LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
New in Sept. 2012:
The LC introduced new provisions to further protect workers' representatives. 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.
In addition, the new law establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
Article 228 LC: Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
* See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

* Pregnant women and women on maternity leave: No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Article 111 LC.
Prohibition of dismissal during pregnancy is included under Article 78 LC (last point).
N N N N N N N N N N N N N N N N N N N N N N
2019 Norway Europe Y
Y No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).
Y
Y No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).
N N N N N N N N N N N N N N N N N N N N N N N N
2019 Panama Americas Y
Y - On trade union protection (fuero sindical), see art. 381 -387 LC. The special protection applies to the following workers: the members of trade unions, where the unions are being established; the members of the executive committees of workers', trade unions' federations, confederations or central congresses, up to a maximum of 11 members, substitute members of the executive committee.
Art. 384 of the LC establishes a series of rules applicable to the duration of trade union immunity:
* for the members of trade unions in the course of formation: for three months following the date on which such association's registration is authorized;
* for titular and substitute members of executive committees (the latter if they enjoy trade union immunity) and trade union representatives: for one year running from the date on which they cease to hold office;
The protection of trade union immunity commences on the date on which the worker's name appears on the list of candidates for election, on condition that such list is communicated to the employer or to the Inspectorate of Labour, and provided that such protection does not cover a period of more than one month before the actual date of the elections. Elected candidates continue to enjoy trade union immunity even before they take office, and unsuccessful candidates are to continue to enjoy such protection for the entire month following the date of the election returns. If the communication referred to above is not made, immunity should be afforded to members of the executive committee and trade union representatives as from the date of their election.

- Maternity protection: see art. 106 LC.
An expectant mother may be dismissed only for valid reasons and with prior authorization of the judicial authorities. An expectant mother who receives notice of dismissal or of unilateral termination of her employment which has not been authorized by the competent labour court must submit to the employer or to any labour authority a medical certificate of her pregnancy within the 20 days of receipt of such notice of dismissal. On completion of this formality the employee is entitled to immediate reinstatement in her employment plus payment in full of her remuneration as from the date of the dismissal. If she allows the said 20-day period to expire without taking any action, she may submit the certificate and claim reinstatement at any time during the following three months, but in this case she is entitled only to back payment of her remuneration as from the date on which she submits the certificate. If the employer refuses to reinstate her, she may sue in the ordinary way for a reinstatement order.
N N Y
Y - On trade union protection (fuero sindical), see art. 381 -387 LC. The special protection applies to the following workers: the members of trade unions, where the unions are being established; the members of the executive committees of workers', trade unions' federations, confederations or central congresses, up to a maximum of 11 members, substitute members of the executive committee.
Art. 384 of the LC establishes a series of rules applicable to the duration of trade union immunity:
* for the members of trade unions in the course of formation: for three months following the date on which such association's registration is authorized;
* for titular and substitute members of executive committees (the latter if they enjoy trade union immunity) and trade union representatives: for one year running from the date on which they cease to hold office;
The protection of trade union immunity commences on the date on which the worker's name appears on the list of candidates for election, on condition that such list is communicated to the employer or to the Inspectorate of Labour, and provided that such protection does not cover a period of more than one month before the actual date of the elections. Elected candidates continue to enjoy trade union immunity even before they take office, and unsuccessful candidates are to continue to enjoy such protection for the entire month following the date of the election returns. If the communication referred to above is not made, immunity should be afforded to members of the executive committee and trade union representatives as from the date of their election.

- Maternity protection: see art. 106 LC.
An expectant mother may be dismissed only for valid reasons and with prior authorization of the judicial authorities. An expectant mother who receives notice of dismissal or of unilateral termination of her employment which has not been authorized by the competent labour court must submit to the employer or to any labour authority a medical certificate of her pregnancy within the 20 days of receipt of such notice of dismissal. On completion of this formality the employee is entitled to immediate reinstatement in her employment plus payment in full of her remuneration as from the date of the dismissal. If she allows the said 20-day period to expire without taking any action, she may submit the certificate and claim reinstatement at any time during the following three months, but in this case she is entitled only to back payment of her remuneration as from the date on which she submits the certificate. If the employer refuses to reinstate her, she may sue in the ordinary way for a reinstatement order.
N N N N N N N N N N N N N N N N N N N N N N
2019 Paraguay Americas Y
Y See above provisions related to articles 136, 318 and 321 of Labour Code, for trade union members and workers in state of pregnancy and maternity leave.
According to article 94, the workers who count with more than 10 years of service, may not be dismissed unless: 1) that the employer previously verify, in a reliable way, the existence of some just legal cause of dismissal imputed to the worker; 2) that the worker whose replacement was ordered decides to agree with it and receive the double compensation referred to in article 97; and, 3) that the worker has taken up retirement, in accordance with the Law. In this case, the employer and the worker may agree to a new employment relationship, subject to the following rules: a) There will be no alteration of wages, duration of vacations or other previous benefits; b) The termination of the link must occur with ninety days' notice, compensable in cash; and, c) The worker will not be entitled to seniority compensation.
Moreover, the worker who has acquired stability and to whom the facts set forth in the Law are imputed, as grounds for dismissal, will be suspended from employment during the substantiation of the trial, and may only be dismissed after the imputation is verified before the Labor Judge (article 95 of Labour Code).


N N Y
Y See above provisions related to articles 136, 318 and 321 of Labour Code, for trade union members and workers in state of pregnancy and maternity leave.
According to article 94, the workers who count with more than 10 years of service, may not be dismissed unless: 1) that the employer previously verify, in a reliable way, the existence of some just legal cause of dismissal imputed to the worker; 2) that the worker whose replacement was ordered decides to agree with it and receive the double compensation referred to in article 97; and, 3) that the worker has taken up retirement, in accordance with the Law. In this case, the employer and the worker may agree to a new employment relationship, subject to the following rules: a) There will be no alteration of wages, duration of vacations or other previous benefits; b) The termination of the link must occur with ninety days' notice, compensable in cash; and, c) The worker will not be entitled to seniority compensation.
Moreover, the worker who has acquired stability and to whom the facts set forth in the Law are imputed, as grounds for dismissal, will be suspended from employment during the substantiation of the trial, and may only be dismissed after the imputation is verified before the Labor Judge (article 95 of Labour Code).


N N Y
Y See above provisions related to articles 136, 318 and 321 of Labour Code, for trade union members and workers in state of pregnancy and maternity leave.
According to article 94, the workers who count with more than 10 years of service, may not be dismissed unless: 1) that the employer previously verify, in a reliable way, the existence of some just legal cause of dismissal imputed to the worker; 2) that the worker whose replacement was ordered decides to agree with it and receive the double compensation referred to in article 97; and, 3) that the worker has taken up retirement, in accordance with the Law. In this case, the employer and the worker may agree to a new employment relationship, subject to the following rules: a) There will be no alteration of wages, duration of vacations or other previous benefits; b) The termination of the link must occur with ninety days' notice, compensable in cash; and, c) The worker will not be entitled to seniority compensation.
Moreover, the worker who has acquired stability and to whom the facts set forth in the Law are imputed, as grounds for dismissal, will be suspended from employment during the substantiation of the trial, and may only be dismissed after the imputation is verified before the Labor Judge (article 95 of Labour Code).


N N N N N N N N N N N N N N N N N N
2019 Peru Americas Y
Y - There is no specific protection for trade union members or worker's representatives other than the prohibition of dismissing them on the grounds of their affiliation or activities or on the grounds of their candidature, status or former status as a workers' representative. As already mentioned under "prohibited grounds", any dismissal on those grounds will be null. (art. 29 a),b),c) LPCL)

- With regards to pregnancy, delivery and its consequences or breastfeeding any dismissal based on the pregnancy is null if it takes place at any time during pregnancy or 90 days delivery. Additional protection consists in a presumption that the dismissal is grounded on the pregnancy if the employer is unable to prove any other valid reason for the dismissal. Dismissal of a pregnant woman for a valid reason is therefore permitted (art. 29 e) LPCL).
N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Philippines Asia Y
Y Art. 135 (2) LC: It is prohibited to dismiss a woman while on leave or in confinement due to her pregnancy.

N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Poland Europe Y
Y Article 177, para 1, LC:
The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the establishment's trade union body representing the employee has consented to the termination.
Para. 2:The provision of § 1 is not applicable for the employee during the trial period of a maximum duration of one month.
Para. 3: Fixed term employment contract or a contract for a trial period longer than one month which would be terminated after the third month of pregnancy, shall be extended until the day of childbirth. The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work.
Para 3.1: The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work..
Para. 4: The notice of termination of the employment contract with a female employee during her pregnancy or maternity leave is possible only in the case of declaration of bankruptcy or liquidation of the employer. The employer is obliged to agree on the date of termination of the employment contract with the workplace trade union organisation representing the employee. If it is impossible to guarantee another employment during this period, the female employee is entitled to other benefits determined in separate provisions. The period of receiving these benefits is included in the period of employment determining employee’s entitlements.
Para. 5:The provisions of paras. 1, 2 and 4 shall apply accordingly to an employee-father raising a child or an employee- other member of immediate family, during the period of maternity leave.

Article 39 LC provides that the employer may not terminate an employment contract to a worker who lacks no more than four years to reach retirement age, if the period of employment enables him to obtain the right to a pension from that age.
However this article does not apply it the worker becomes eligible for a disability pension because of the total incapacity to work. (Art. 40 LC).

Article 41 LC provides that the employer shall not terminate a contract of employment during employee's leave, as well as during other justified absence from work of the employee, if the period authorising to terminate the contract of employment without notice is not over yet.

However, according to the Article 41.1, para. 1, in case of declaration of the bankruptcy or liquidation of the employer, the provisions of Article 38, 39 and 41 or the specific provisions protecting employees against termination of a contract of employment shall not apply. (Art. 38 is on the notification to trade union body- look bellow)

Article 186.8, para. 1. The employer shall not terminate or dissolve the contract of employment in the period from the date of the employee's application for:
1) a leave to raise a child - until the day of termination of that leave;
2)Reduction of the working time - until the day of return to the unreduced working time, but no longer than for a total period of 12 months;
Para. 2. In cases referred to in para. 1, the termination of the contract of employment by the employer shall only be allowed in the event of the declaration of the bankruptcy or liquidation of the employer, and where there are grounds justifying termination of the contract of employment without notice due to employee's fault.

Article 186.1, para. 2, provides that if the employee applies for a leave to raise a child after committing an act leading to termination of the contract of employment the contract shall terminate within the period specified by that act.
Para. 3. If the application referred to in §1 is issued by an employee earlier than 21 days before the beginning of the leave to raise a child or of the reduced working time, the prohibition referred to in § 1 shall start to apply 21 days before the beginning of the leave to raise a child or of the reduced working time
Para. 4. If the application referred to in §1 is issued by an employee after the action aimed at termination of the employment contract, the contract shall terminate with the date resulting from this action.
Y
Y Article 177, para 1, LC:
The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the establishment's trade union body representing the employee has consented to the termination.
Para. 2:The provision of § 1 is not applicable for the employee during the trial period of a maximum duration of one month.
Para. 3: Fixed term employment contract or a contract for a trial period longer than one month which would be terminated after the third month of pregnancy, shall be extended until the day of childbirth. The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work.
Para 3.1: The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work..
Para. 4: The notice of termination of the employment contract with a female employee during her pregnancy or maternity leave is possible only in the case of declaration of bankruptcy or liquidation of the employer. The employer is obliged to agree on the date of termination of the employment contract with the workplace trade union organisation representing the employee. If it is impossible to guarantee another employment during this period, the female employee is entitled to other benefits determined in separate provisions. The period of receiving these benefits is included in the period of employment determining employee’s entitlements.
Para. 5:The provisions of paras. 1, 2 and 4 shall apply accordingly to an employee-father raising a child or an employee- other member of immediate family, during the period of maternity leave.

Article 39 LC provides that the employer may not terminate an employment contract to a worker who lacks no more than four years to reach retirement age, if the period of employment enables him to obtain the right to a pension from that age.
However this article does not apply it the worker becomes eligible for a disability pension because of the total incapacity to work. (Art. 40 LC).

Article 41 LC provides that the employer shall not terminate a contract of employment during employee's leave, as well as during other justified absence from work of the employee, if the period authorising to terminate the contract of employment without notice is not over yet.

However, according to the Article 41.1, para. 1, in case of declaration of the bankruptcy or liquidation of the employer, the provisions of Article 38, 39 and 41 or the specific provisions protecting employees against termination of a contract of employment shall not apply. (Art. 38 is on the notification to trade union body- look bellow)

Article 186.8, para. 1. The employer shall not terminate or dissolve the contract of employment in the period from the date of the employee's application for:
1) a leave to raise a child - until the day of termination of that leave;
2)Reduction of the working time - until the day of return to the unreduced working time, but no longer than for a total period of 12 months;
Para. 2. In cases referred to in para. 1, the termination of the contract of employment by the employer shall only be allowed in the event of the declaration of the bankruptcy or liquidation of the employer, and where there are grounds justifying termination of the contract of employment without notice due to employee's fault.

Article 186.1, para. 2, provides that if the employee applies for a leave to raise a child after committing an act leading to termination of the contract of employment the contract shall terminate within the period specified by that act.
Para. 3. If the application referred to in §1 is issued by an employee earlier than 21 days before the beginning of the leave to raise a child or of the reduced working time, the prohibition referred to in § 1 shall start to apply 21 days before the beginning of the leave to raise a child or of the reduced working time
Para. 4. If the application referred to in §1 is issued by an employee after the action aimed at termination of the employment contract, the contract shall terminate with the date resulting from this action.
Y
Y Article 177, para 1, LC:
The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the establishment's trade union body representing the employee has consented to the termination.
Para. 2:The provision of § 1 is not applicable for the employee during the trial period of a maximum duration of one month.
Para. 3: Fixed term employment contract or a contract for a trial period longer than one month which would be terminated after the third month of pregnancy, shall be extended until the day of childbirth. The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work.
Para 3.1: The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work..
Para. 4: The notice of termination of the employment contract with a female employee during her pregnancy or maternity leave is possible only in the case of declaration of bankruptcy or liquidation of the employer. The employer is obliged to agree on the date of termination of the employment contract with the workplace trade union organisation representing the employee. If it is impossible to guarantee another employment during this period, the female employee is entitled to other benefits determined in separate provisions. The period of receiving these benefits is included in the period of employment determining employee’s entitlements.
Para. 5:The provisions of paras. 1, 2 and 4 shall apply accordingly to an employee-father raising a child or an employee- other member of immediate family, during the period of maternity leave.

Article 39 LC provides that the employer may not terminate an employment contract to a worker who lacks no more than four years to reach retirement age, if the period of employment enables him to obtain the right to a pension from that age.
However this article does not apply it the worker becomes eligible for a disability pension because of the total incapacity to work. (Art. 40 LC).

Article 41 LC provides that the employer shall not terminate a contract of employment during employee's leave, as well as during other justified absence from work of the employee, if the period authorising to terminate the contract of employment without notice is not over yet.

However, according to the Article 41.1, para. 1, in case of declaration of the bankruptcy or liquidation of the employer, the provisions of Article 38, 39 and 41 or the specific provisions protecting employees against termination of a contract of employment shall not apply. (Art. 38 is on the notification to trade union body- look bellow)

Article 186.8, para. 1. The employer shall not terminate or dissolve the contract of employment in the period from the date of the employee's application for:
1) a leave to raise a child - until the day of termination of that leave;
2)Reduction of the working time - until the day of return to the unreduced working time, but no longer than for a total period of 12 months;
Para. 2. In cases referred to in para. 1, the termination of the contract of employment by the employer shall only be allowed in the event of the declaration of the bankruptcy or liquidation of the employer, and where there are grounds justifying termination of the contract of employment without notice due to employee's fault.

Article 186.1, para. 2, provides that if the employee applies for a leave to raise a child after committing an act leading to termination of the contract of employment the contract shall terminate within the period specified by that act.
Para. 3. If the application referred to in §1 is issued by an employee earlier than 21 days before the beginning of the leave to raise a child or of the reduced working time, the prohibition referred to in § 1 shall start to apply 21 days before the beginning of the leave to raise a child or of the reduced working time
Para. 4. If the application referred to in §1 is issued by an employee after the action aimed at termination of the employment contract, the contract shall terminate with the date resulting from this action.
Y
Y Article 177, para 1, LC:
The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the establishment's trade union body representing the employee has consented to the termination.
Para. 2:The provision of § 1 is not applicable for the employee during the trial period of a maximum duration of one month.
Para. 3: Fixed term employment contract or a contract for a trial period longer than one month which would be terminated after the third month of pregnancy, shall be extended until the day of childbirth. The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work.
Para 3.1: The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work..
Para. 4: The notice of termination of the employment contract with a female employee during her pregnancy or maternity leave is possible only in the case of declaration of bankruptcy or liquidation of the employer. The employer is obliged to agree on the date of termination of the employment contract with the workplace trade union organisation representing the employee. If it is impossible to guarantee another employment during this period, the female employee is entitled to other benefits determined in separate provisions. The period of receiving these benefits is included in the period of employment determining employee’s entitlements.
Para. 5:The provisions of paras. 1, 2 and 4 shall apply accordingly to an employee-father raising a child or an employee- other member of immediate family, during the period of maternity leave.

Article 39 LC provides that the employer may not terminate an employment contract to a worker who lacks no more than four years to reach retirement age, if the period of employment enables him to obtain the right to a pension from that age.
However this article does not apply it the worker becomes eligible for a disability pension because of the total incapacity to work. (Art. 40 LC).

Article 41 LC provides that the employer shall not terminate a contract of employment during employee's leave, as well as during other justified absence from work of the employee, if the period authorising to terminate the contract of employment without notice is not over yet.

However, according to the Article 41.1, para. 1, in case of declaration of the bankruptcy or liquidation of the employer, the provisions of Article 38, 39 and 41 or the specific provisions protecting employees against termination of a contract of employment shall not apply. (Art. 38 is on the notification to trade union body- look bellow)

Article 186.8, para. 1. The employer shall not terminate or dissolve the contract of employment in the period from the date of the employee's application for:
1) a leave to raise a child - until the day of termination of that leave;
2)Reduction of the working time - until the day of return to the unreduced working time, but no longer than for a total period of 12 months;
Para. 2. In cases referred to in para. 1, the termination of the contract of employment by the employer shall only be allowed in the event of the declaration of the bankruptcy or liquidation of the employer, and where there are grounds justifying termination of the contract of employment without notice due to employee's fault.

Article 186.1, para. 2, provides that if the employee applies for a leave to raise a child after committing an act leading to termination of the contract of employment the contract shall terminate within the period specified by that act.
Para. 3. If the application referred to in §1 is issued by an employee earlier than 21 days before the beginning of the leave to raise a child or of the reduced working time, the prohibition referred to in § 1 shall start to apply 21 days before the beginning of the leave to raise a child or of the reduced working time
Para. 4. If the application referred to in §1 is issued by an employee after the action aimed at termination of the employment contract, the contract shall terminate with the date resulting from this action.
Y
Y Article 177, para 1, LC:
The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the establishment's trade union body representing the employee has consented to the termination.
Para. 2:The provision of § 1 is not applicable for the employee during the trial period of a maximum duration of one month.
Para. 3: Fixed term employment contract or a contract for a trial period longer than one month which would be terminated after the third month of pregnancy, shall be extended until the day of childbirth. The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work.
Para 3.1: The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work..
Para. 4: The notice of termination of the employment contract with a female employee during her pregnancy or maternity leave is possible only in the case of declaration of bankruptcy or liquidation of the employer. The employer is obliged to agree on the date of termination of the employment contract with the workplace trade union organisation representing the employee. If it is impossible to guarantee another employment during this period, the female employee is entitled to other benefits determined in separate provisions. The period of receiving these benefits is included in the period of employment determining employee’s entitlements.
Para. 5:The provisions of paras. 1, 2 and 4 shall apply accordingly to an employee-father raising a child or an employee- other member of immediate family, during the period of maternity leave.

Article 39 LC provides that the employer may not terminate an employment contract to a worker who lacks no more than four years to reach retirement age, if the period of employment enables him to obtain the right to a pension from that age.
However this article does not apply it the worker becomes eligible for a disability pension because of the total incapacity to work. (Art. 40 LC).

Article 41 LC provides that the employer shall not terminate a contract of employment during employee's leave, as well as during other justified absence from work of the employee, if the period authorising to terminate the contract of employment without notice is not over yet.

However, according to the Article 41.1, para. 1, in case of declaration of the bankruptcy or liquidation of the employer, the provisions of Article 38, 39 and 41 or the specific provisions protecting employees against termination of a contract of employment shall not apply. (Art. 38 is on the notification to trade union body- look bellow)

Article 186.8, para. 1. The employer shall not terminate or dissolve the contract of employment in the period from the date of the employee's application for:
1) a leave to raise a child - until the day of termination of that leave;
2)Reduction of the working time - until the day of return to the unreduced working time, but no longer than for a total period of 12 months;
Para. 2. In cases referred to in para. 1, the termination of the contract of employment by the employer shall only be allowed in the event of the declaration of the bankruptcy or liquidation of the employer, and where there are grounds justifying termination of the contract of employment without notice due to employee's fault.

Article 186.1, para. 2, provides that if the employee applies for a leave to raise a child after committing an act leading to termination of the contract of employment the contract shall terminate within the period specified by that act.
Para. 3. If the application referred to in §1 is issued by an employee earlier than 21 days before the beginning of the leave to raise a child or of the reduced working time, the prohibition referred to in § 1 shall start to apply 21 days before the beginning of the leave to raise a child or of the reduced working time
Para. 4. If the application referred to in §1 is issued by an employee after the action aimed at termination of the employment contract, the contract shall terminate with the date resulting from this action.
N N N N N N N N N N N N N N N N N N
2019 Portugal Europe Y
Y - Pregnant women/ women on maternity leave and workers with family responsibilities:
There is no prohibition of dismissal during pregnancy or maternity leave. However, according to article 63 LC, any dismissal of a pregnant employee, an employee who recently gave birth or is breastfeeding or any employee (male and female) on parental leave requires the prior favourable opinion of the competent authority (Commission for Equality in Labour and Employment (CITE)).
Any disciplinary dismissal of those employees is always presumed to have been done without a just cause.
The CITE shall issue its opinion within 30 days.
If the opinion is unfavourable, the employer cannot dismiss the employee without having obtained a court decision recognizing the existence of a justified reason. In such cases, the burden of the proof lies on the employer. If a dismissal is declared unlawful by the courts the employer cannot oppose the reinstatement of the employee. As an alternative to reinstatement the employee is entitled to compensation.
(Note also that under Article 381 of the Labour Code, failure by the employer to ask for a prior formal opinion from this authority is in itself a ground of unlawfulness.)

- Workers' representatives:
The LC prohibits the dismissal of workers' representatives on the grounds of their participation in collective representation structure or trade-union affiliation or non-affiliation (art. 406) and provides them with special protection in case of disciplinary action or dismissal (art. 410). In particular, the dismissal of a candidate for a trade union body or the Works Council or employees who are, or have been, members of such bodies within the last three years is always presumed to have been done without a just cause (art. 420-3 LC).
If the employer cannot prove that the disciplinary of dismissal was justified by a just cause, the workers' representative has the right to choose between reinstatement or compensation higher than the standard one (art. 410-6). The court proceedings for challenging such dismissals are of an urgent nature (art. 410-5).

The articles 29 and 127 (as amended by law no 93/2019) of LC address prohibition and restraint of harassment at work and provision of right to compensation, as well as prohibition of any disciplinary sanction to the complainant and possible witnesses.

Article 331 of LC (as amended by law no 93/2019) considers illegal the dismissal or application of severe sanctions up to one year after the harassment complaint was presented. In case of illegal dismissal, the compensation should be correspondent to 12 months of salary, maintained the payment of other labour dues on account of regular dismissals.
Y
Y - Pregnant women/ women on maternity leave and workers with family responsibilities:
There is no prohibition of dismissal during pregnancy or maternity leave. However, according to article 63 LC, any dismissal of a pregnant employee, an employee who recently gave birth or is breastfeeding or any employee (male and female) on parental leave requires the prior favourable opinion of the competent authority (Commission for Equality in Labour and Employment (CITE)).
Any disciplinary dismissal of those employees is always presumed to have been done without a just cause.
The CITE shall issue its opinion within 30 days.
If the opinion is unfavourable, the employer cannot dismiss the employee without having obtained a court decision recognizing the existence of a justified reason. In such cases, the burden of the proof lies on the employer. If a dismissal is declared unlawful by the courts the employer cannot oppose the reinstatement of the employee. As an alternative to reinstatement the employee is entitled to compensation.
(Note also that under Article 381 of the Labour Code, failure by the employer to ask for a prior formal opinion from this authority is in itself a ground of unlawfulness.)

- Workers' representatives:
The LC prohibits the dismissal of workers' representatives on the grounds of their participation in collective representation structure or trade-union affiliation or non-affiliation (art. 406) and provides them with special protection in case of disciplinary action or dismissal (art. 410). In particular, the dismissal of a candidate for a trade union body or the Works Council or employees who are, or have been, members of such bodies within the last three years is always presumed to have been done without a just cause (art. 420-3 LC).
If the employer cannot prove that the disciplinary of dismissal was justified by a just cause, the workers' representative has the right to choose between reinstatement or compensation higher than the standard one (art. 410-6). The court proceedings for challenging such dismissals are of an urgent nature (art. 410-5).

The articles 29 and 127 (as amended by law no 93/2019) of LC address prohibition and restraint of harassment at work and provision of right to compensation, as well as prohibition of any disciplinary sanction to the complainant and possible witnesses.

Article 331 of LC (as amended by law no 93/2019) considers illegal the dismissal or application of severe sanctions up to one year after the harassment complaint was presented. In case of illegal dismissal, the compensation should be correspondent to 12 months of salary, maintained the payment of other labour dues on account of regular dismissals.
Y
Y - Pregnant women/ women on maternity leave and workers with family responsibilities:
There is no prohibition of dismissal during pregnancy or maternity leave. However, according to article 63 LC, any dismissal of a pregnant employee, an employee who recently gave birth or is breastfeeding or any employee (male and female) on parental leave requires the prior favourable opinion of the competent authority (Commission for Equality in Labour and Employment (CITE)).
Any disciplinary dismissal of those employees is always presumed to have been done without a just cause.
The CITE shall issue its opinion within 30 days.
If the opinion is unfavourable, the employer cannot dismiss the employee without having obtained a court decision recognizing the existence of a justified reason. In such cases, the burden of the proof lies on the employer. If a dismissal is declared unlawful by the courts the employer cannot oppose the reinstatement of the employee. As an alternative to reinstatement the employee is entitled to compensation.
(Note also that under Article 381 of the Labour Code, failure by the employer to ask for a prior formal opinion from this authority is in itself a ground of unlawfulness.)

- Workers' representatives:
The LC prohibits the dismissal of workers' representatives on the grounds of their participation in collective representation structure or trade-union affiliation or non-affiliation (art. 406) and provides them with special protection in case of disciplinary action or dismissal (art. 410). In particular, the dismissal of a candidate for a trade union body or the Works Council or employees who are, or have been, members of such bodies within the last three years is always presumed to have been done without a just cause (art. 420-3 LC).
If the employer cannot prove that the disciplinary of dismissal was justified by a just cause, the workers' representative has the right to choose between reinstatement or compensation higher than the standard one (art. 410-6). The court proceedings for challenging such dismissals are of an urgent nature (art. 410-5).

The articles 29 and 127 (as amended by law no 93/2019) of LC address prohibition and restraint of harassment at work and provision of right to compensation, as well as prohibition of any disciplinary sanction to the complainant and possible witnesses.

Article 331 of LC (as amended by law no 93/2019) considers illegal the dismissal or application of severe sanctions up to one year after the harassment complaint was presented. In case of illegal dismissal, the compensation should be correspondent to 12 months of salary, maintained the payment of other labour dues on account of regular dismissals.
N N N N N N N N N N N N N N N N N N N N N N
2019 Romania Europe Y
Y - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office for reasons related to the fulfillment of the mandate received from the employees in the organization (art. 220 (2) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
Y
Y - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office for reasons related to the fulfillment of the mandate received from the employees in the organization (art. 220 (2) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
Y
Y - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office for reasons related to the fulfillment of the mandate received from the employees in the organization (art. 220 (2) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
N N N N N N N N Y
Y - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office for reasons related to the fulfillment of the mandate received from the employees in the organization (art. 220 (2) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
N N N N N N N N N N N N
2019 Russian Federation Europe Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

N N N N N N N N N N N N N N N N N N Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

N N
2019 Rwanda Africa Y
Y - Women on maternity leave:
Prohibition to dismiss a woman during maternity leave (art. 61 LL)

- Workers' representatives:
In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to the payment of damages up to a maximum of 9 months' pay (instead of 6 months' pay).

- Injured workers declared unfit to work:
Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident, unless declared as unfit to work by a doctor.
N N Y
Y - Women on maternity leave:
Prohibition to dismiss a woman during maternity leave (art. 61 LL)

- Workers' representatives:
In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to the payment of damages up to a maximum of 9 months' pay (instead of 6 months' pay).

- Injured workers declared unfit to work:
Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident, unless declared as unfit to work by a doctor.
Y
Y - Women on maternity leave:
Prohibition to dismiss a woman during maternity leave (art. 61 LL)

- Workers' representatives:
In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to the payment of damages up to a maximum of 9 months' pay (instead of 6 months' pay).

- Injured workers declared unfit to work:
Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident, unless declared as unfit to work by a doctor.
N N N N N N N N N N N N N N N N N N N N
2019 Senegal Africa Y
Y Art. L214-217 LC: mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specific remedies for wrongful dismissal.
Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
N N Y
Y Art. L214-217 LC: mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specific remedies for wrongful dismissal.
Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
N N N N N N N N N N N N N N N N N N N N N N
2019 Serbia Europe Y
Y i) Workers' representatives: article 188 Labour Law: no dismissal during the term of office.
ii) No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child, according to article 187 of Labour Law.
Y
Y i) Workers' representatives: article 188 Labour Law: no dismissal during the term of office.
ii) No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child, according to article 187 of Labour Law.
Y
Y i) Workers' representatives: article 188 Labour Law: no dismissal during the term of office.
ii) No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child, according to article 187 of Labour Law.
N N N N N N N N N N N N N N N N N N N N N N
2019 Singapore Asia Y
Y See sec. 81, 84 and 84A EA. N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Slovakia Europe Y
Y Some categories of workers enjoy special protection which takes either the form of 1) a prohibition of notice during "a protection period" or 2) additional procedural requirements (i.e prior approval of a competent authority).

1) Sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable of performing work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic,
- in case of conscription of the employee to perform extraordinary service in time of crisis,
- during the entire period of pregnancy, maternity leave, parental leave or in case a lone employee (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is declared temporarily incapable of performing night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business.

The LC provides a special protection against termination during the probationary period to pregnant women, mothers of children below nine months and breastfeeding women. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing (sec. 72(1) LC as amended).

2) Specific requirements:
- Prior authorization:
* Employee's representatives:
According to See also sec. 240(7) LC, Employees' representatives which include trade union members, members of a works council or a works trustee, during their term in office and for six months after its termination shall be protected against measures which could damage them, including the termination of the employment relationship and which could be motivated by their position or activity. Sec. 240 (8) LC specifies that any summary dismissal or dismissal with notice of a member of the relevant trade union body, a member of a works council or a works trustee requires the prior consent of these employees' representatives.
*Disabled workers:
Sec. 66 LC: "An employer may dismiss an employee with health disability only with he prior consent of the relevant office of labour, social affairs and family otherwise notice shall be invalid. No such consent is required where the employee has reached the age entitling him/her to old-age pension or was dismissed on the grounds of cessation of activities or relocation or for grave breaches of labour discipline.
- Severance pay
There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following situation:
* Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body. The employee is entitled to severance pay (unless the occupational injury or disease was caused by his/her fault) amounting to at least 10 months' pay (sec. 76(3) LC).
* With regard to termination with notice due to "long term loss of ability to perform the work" for health reasons, the rules have changed in 2011: under the previous LC, employees were entitled to 2 month's pay or 3 months' pay if they had at least 5 years of service. According to sec. 76(1) LC, when the employment is termination because the employee is no longer able to perform the work, given his/her health status severance payment now amounts to the employee's average monthly earnings multiplied by the number of months of the notice period. Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. If the employee works partially through the termination period, he/she will be entitled to some severance payment for the time he/she has not worked.
Y
Y Some categories of workers enjoy special protection which takes either the form of 1) a prohibition of notice during "a protection period" or 2) additional procedural requirements (i.e prior approval of a competent authority).

1) Sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable of performing work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic,
- in case of conscription of the employee to perform extraordinary service in time of crisis,
- during the entire period of pregnancy, maternity leave, parental leave or in case a lone employee (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is declared temporarily incapable of performing night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business.

The LC provides a special protection against termination during the probationary period to pregnant women, mothers of children below nine months and breastfeeding women. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing (sec. 72(1) LC as amended).

2) Specific requirements:
- Prior authorization:
* Employee's representatives:
According to See also sec. 240(7) LC, Employees' representatives which include trade union members, members of a works council or a works trustee, during their term in office and for six months after its termination shall be protected against measures which could damage them, including the termination of the employment relationship and which could be motivated by their position or activity. Sec. 240 (8) LC specifies that any summary dismissal or dismissal with notice of a member of the relevant trade union body, a member of a works council or a works trustee requires the prior consent of these employees' representatives.
*Disabled workers:
Sec. 66 LC: "An employer may dismiss an employee with health disability only with he prior consent of the relevant office of labour, social affairs and family otherwise notice shall be invalid. No such consent is required where the employee has reached the age entitling him/her to old-age pension or was dismissed on the grounds of cessation of activities or relocation or for grave breaches of labour discipline.
- Severance pay
There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following situation:
* Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body. The employee is entitled to severance pay (unless the occupational injury or disease was caused by his/her fault) amounting to at least 10 months' pay (sec. 76(3) LC).
* With regard to termination with notice due to "long term loss of ability to perform the work" for health reasons, the rules have changed in 2011: under the previous LC, employees were entitled to 2 month's pay or 3 months' pay if they had at least 5 years of service. According to sec. 76(1) LC, when the employment is termination because the employee is no longer able to perform the work, given his/her health status severance payment now amounts to the employee's average monthly earnings multiplied by the number of months of the notice period. Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. If the employee works partially through the termination period, he/she will be entitled to some severance payment for the time he/she has not worked.
Y
Y Some categories of workers enjoy special protection which takes either the form of 1) a prohibition of notice during "a protection period" or 2) additional procedural requirements (i.e prior approval of a competent authority).

1) Sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable of performing work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic,
- in case of conscription of the employee to perform extraordinary service in time of crisis,
- during the entire period of pregnancy, maternity leave, parental leave or in case a lone employee (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is declared temporarily incapable of performing night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business.

The LC provides a special protection against termination during the probationary period to pregnant women, mothers of children below nine months and breastfeeding women. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing (sec. 72(1) LC as amended).

2) Specific requirements:
- Prior authorization:
* Employee's representatives:
According to See also sec. 240(7) LC, Employees' representatives which include trade union members, members of a works council or a works trustee, during their term in office and for six months after its termination shall be protected against measures which could damage them, including the termination of the employment relationship and which could be motivated by their position or activity. Sec. 240 (8) LC specifies that any summary dismissal or dismissal with notice of a member of the relevant trade union body, a member of a works council or a works trustee requires the prior consent of these employees' representatives.
*Disabled workers:
Sec. 66 LC: "An employer may dismiss an employee with health disability only with he prior consent of the relevant office of labour, social affairs and family otherwise notice shall be invalid. No such consent is required where the employee has reached the age entitling him/her to old-age pension or was dismissed on the grounds of cessation of activities or relocation or for grave breaches of labour discipline.
- Severance pay
There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following situation:
* Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body. The employee is entitled to severance pay (unless the occupational injury or disease was caused by his/her fault) amounting to at least 10 months' pay (sec. 76(3) LC).
* With regard to termination with notice due to "long term loss of ability to perform the work" for health reasons, the rules have changed in 2011: under the previous LC, employees were entitled to 2 month's pay or 3 months' pay if they had at least 5 years of service. According to sec. 76(1) LC, when the employment is termination because the employee is no longer able to perform the work, given his/her health status severance payment now amounts to the employee's average monthly earnings multiplied by the number of months of the notice period. Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. If the employee works partially through the termination period, he/she will be entitled to some severance payment for the time he/she has not worked.
Y
Y Some categories of workers enjoy special protection which takes either the form of 1) a prohibition of notice during "a protection period" or 2) additional procedural requirements (i.e prior approval of a competent authority).

1) Sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable of performing work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic,
- in case of conscription of the employee to perform extraordinary service in time of crisis,
- during the entire period of pregnancy, maternity leave, parental leave or in case a lone employee (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is declared temporarily incapable of performing night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business.

The LC provides a special protection against termination during the probationary period to pregnant women, mothers of children below nine months and breastfeeding women. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing (sec. 72(1) LC as amended).

2) Specific requirements:
- Prior authorization:
* Employee's representatives:
According to See also sec. 240(7) LC, Employees' representatives which include trade union members, members of a works council or a works trustee, during their term in office and for six months after its termination shall be protected against measures which could damage them, including the termination of the employment relationship and which could be motivated by their position or activity. Sec. 240 (8) LC specifies that any summary dismissal or dismissal with notice of a member of the relevant trade union body, a member of a works council or a works trustee requires the prior consent of these employees' representatives.
*Disabled workers:
Sec. 66 LC: "An employer may dismiss an employee with health disability only with he prior consent of the relevant office of labour, social affairs and family otherwise notice shall be invalid. No such consent is required where the employee has reached the age entitling him/her to old-age pension or was dismissed on the grounds of cessation of activities or relocation or for grave breaches of labour discipline.
- Severance pay
There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following situation:
* Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body. The employee is entitled to severance pay (unless the occupational injury or disease was caused by his/her fault) amounting to at least 10 months' pay (sec. 76(3) LC).
* With regard to termination with notice due to "long term loss of ability to perform the work" for health reasons, the rules have changed in 2011: under the previous LC, employees were entitled to 2 month's pay or 3 months' pay if they had at least 5 years of service. According to sec. 76(1) LC, when the employment is termination because the employee is no longer able to perform the work, given his/her health status severance payment now amounts to the employee's average monthly earnings multiplied by the number of months of the notice period. Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. If the employee works partially through the termination period, he/she will be entitled to some severance payment for the time he/she has not worked.
N N Y
Y Some categories of workers enjoy special protection which takes either the form of 1) a prohibition of notice during "a protection period" or 2) additional procedural requirements (i.e prior approval of a competent authority).

1) Sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable of performing work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic,
- in case of conscription of the employee to perform extraordinary service in time of crisis,
- during the entire period of pregnancy, maternity leave, parental leave or in case a lone employee (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is declared temporarily incapable of performing night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business.

The LC provides a special protection against termination during the probationary period to pregnant women, mothers of children below nine months and breastfeeding women. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing (sec. 72(1) LC as amended).

2) Specific requirements:
- Prior authorization:
* Employee's representatives:
According to See also sec. 240(7) LC, Employees' representatives which include trade union members, members of a works council or a works trustee, during their term in office and for six months after its termination shall be protected against measures which could damage them, including the termination of the employment relationship and which could be motivated by their position or activity. Sec. 240 (8) LC specifies that any summary dismissal or dismissal with notice of a member of the relevant trade union body, a member of a works council or a works trustee requires the prior consent of these employees' representatives.
*Disabled workers:
Sec. 66 LC: "An employer may dismiss an employee with health disability only with he prior consent of the relevant office of labour, social affairs and family otherwise notice shall be invalid. No such consent is required where the employee has reached the age entitling him/her to old-age pension or was dismissed on the grounds of cessation of activities or relocation or for grave breaches of labour discipline.
- Severance pay
There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following situation:
* Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body. The employee is entitled to severance pay (unless the occupational injury or disease was caused by his/her fault) amounting to at least 10 months' pay (sec. 76(3) LC).
* With regard to termination with notice due to "long term loss of ability to perform the work" for health reasons, the rules have changed in 2011: under the previous LC, employees were entitled to 2 month's pay or 3 months' pay if they had at least 5 years of service. According to sec. 76(1) LC, when the employment is termination because the employee is no longer able to perform the work, given his/her health status severance payment now amounts to the employee's average monthly earnings multiplied by the number of months of the notice period. Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. If the employee works partially through the termination period, he/she will be entitled to some severance payment for the time he/she has not worked.
Y