▶ Labour Code 1992
→ Under Section L1 LC: Officials, judges, and members of the armed forces are formally excluded from the application of the provisions of the Labour Code.

▶ Labour Code 1992
→ Section L21 LC. Fixed-term employment contracts must be in writing. If there is no written contract, it is presumed to be for an indefinite term. A fixed-term contract may not exceed two years. A fixed-term contract concluded for the completion of a specific project is not subject to the aforementioned maximum limit, but in this case, it may not be renewed.
▻ Fixed-term contracts of more than three months must be filed by the employer with the relevant labour inspectorate before any commencement of execution of the contract.
→ Section L22 LC stipulates that: The fixed-term employment contract cannot have as its purpose the permanent filling of a position linked to the normal and permanent activity of the company.

→ Section L20 LC provides that: A worker may not renew a fixed-term contract with the same company more than twice. The continuation of services outside the case provided for in the preceding paragraph automatically constitutes the execution of an open-ended employment contract. The above provisions do not apply:
1) to the worker hired by the hour or by the day for a short-term occupation not exceeding one day;
2) to the seasonal worker hired for the duration of an agricultural, commercial, industrial or craft campaign;
3) to the worker hired as additional staff to carry out work resulting from an increase in the company's activity;
4) to the worker hired to provide temporary replacement for a worker in the company whose employment contract is legally suspended;
5) to workers in companies operating in a sector where it is customary not to use permanent contracts due to the nature of the work performed and the inherently temporary nature of the employment.
▻ The list of these sectors or types of employment is established by decree.
▻ The conditions of employment of the aforementioned workers and the procedures for implementing this article shall be established by decree.
→ Section L22 indicates that: The fixed-term employment contract cannot have as its purpose the permanent filling of a position linked to the normal and permanent activity of the company.
→ Section L23 stipulates that: It is prohibited to use a fixed-term contract within six months following a dismissal for economic reasons with regard to the positions eliminated as a result of this dismissal, unless the duration of the contract, which is not subject to renewal, does not exceed three months.

▷ The worker can not renew more than twice a fixed-term contract with the same company.
→ Section L20 LC provides that: A worker may not renew a fixed-term contract with the same company more than twice. The continuation of services outside the case provided for in the preceding paragraph automatically constitutes the execution of an open-ended employment contract. The above provisions do not apply:
1) to the worker hired by the hour or by the day for a short-term occupation not exceeding one day;
2) to the seasonal worker hired for the duration of an agricultural, commercial, industrial or craft campaign;
3) to the worker hired as additional staff to carry out work resulting from an increase in the company's activity;
4) to the worker hired to provide temporary replacement for a worker in the company whose employment contract is legally suspended;
5) to workers in companies operating in a sector where it is customary not to use permanent contracts due to the nature of the work performed and the inherently temporary nature of the employment.
▻ The list of these sectors or types of employment is established by decree.
▻ The conditions of employment of the aforementioned workers and the procedures for implementing this article shall be established by decree.

→ Section L21 LC. Fixed-term employment contracts must be in writing. If there is no written contract, it is presumed to be for an indefinite term. A fixed-term contract may not exceed two years. A fixed-term contract concluded for the completion of a specific project is not subject to the aforementioned maximum limit, but in this case, it may not be renewed.
▻ Fixed-term contracts of more than three months must be filed by the employer with the relevant labour inspectorate before any commencement of execution of the contract.

→ Section L30 LC indicates that: The duration of the trial period, which, in principle, is equal to the notice period, may, however, be longer up to a maximum of six months, including renewal.
The maximum probationary period cannot exceed 6 months, including renewals:
a) To take into account the techniques and practices of the profession.
b) For workers newly employed in their profession, the probationary period is for a fixed term, calculated from one date to the next. Travel time, if applicable, is not included in the maximum duration of the probationary period.
▻ In the event of termination of the contract during the trial period or at its expiry, the return travel of the worker relocated by the employer is borne by the latter.

→ Section L33 LC provides that: Unless otherwise agreed, the contracts of probationary appointment may be terminated without notice and without the possibility for either party to claim compensation.

▶ Labour Code
→ Section L1 LC indicates that: A worker is considered to be any person, regardless of sex or nationality, who has undertaken to place their professional activity, in return for remuneration, under the direction and authority of another person, whether natural or legal, public or private, secular or religious, called an employer.
→ Under Section L34 LC, a worker cannot be dismissed during the suspension of employment contracts:
1 - In case of military service or civil service of the employer, resulting in the closure of the establishment.
2 - During the statutory period of compulsory military or civic service,
3 - During the period of the worker's absence due to illness or a non-work-related accident, certified by a medical certificate. This period is limited to six months, but is extended until the date of the worker's replacement.
4 - During the period of unavailability resulting from a work-related accident or occupational disease,
5 - During the period of police custody or detention of the worker, provided that this does not exceed 6 months,
6 - During the period of technical unemployment under the conditions set out in Section L.35,
7 - During the strike and the lockout, if these are triggered in compliance with the procedure for settling collective disputes,
8 - During the period of suspension,
9 - During the period of paid leave and workers' education,
10 - During the term of an elected mandate at the local or national level or the exercise of a political function by the worker,
11 - During the period of maternity leave,
12 - During the period known as widowhood for a female employee whose husband has just died.
▻ This suspension must be requested in writing and accompanied by a copy of the deceased's death certificate and a copy of the marriage certificate. It may not exceed 4 months and 10 days.
13 - During the pilgrimage to the holy places,
14 - During the leave of absence of the worker required for cultural and sporting events organized by the state.
→ Under Section L51 LC. Breach of contract is particularly unfair:
▻ When the dismissal is made without good reason or when the motivation is inaccurate.
▻ when the dismissal is based on the employee's opinions, union activity, or membership or non-membership in a specific union.
→ Section L48(3) LC stipulates that: If the employer plans to dismiss a staff representative for economic reasons, he must comply with the specific procedure for these workers.
→ Under Section L183, LC indicates that: Dismissal of pregnant women and women on maternity leave is prohibited.
→ Section L231 LC stipulates that a strike does not terminate the employment contract except in cases of serious misconduct by the workers.
▶ Regulatory text
→ Section 30 of the Act No. 06-028 of 29 June 2006 laying down rules for the prevention, care and control of HIV / AIDS states that discrimination based on HIV/AIDS status, in any form whatsoever, in employment, hiring, promotion and retirement is prohibited.

▷ Pregnancy and maternity leave
→ Section. L.183 LC. Prohibition of dismissal for pregnant women and women on maternity leave.
▷ Staff representative
→ Section L48(3) LC stipulates that: If the employer plans to dismiss a staff representative for economic reasons, he must comply with the specific procedure for these workers.
→ Section. L277 LC. The authorization of the labour inspector is required before any dismissal of a workers' representative proposed by the employer.

→ Section L.43 indicates that: The party initiating the termination of the contract must be able to prove that the notice period was given in writing. The notice period begins on the date of this notification. In the case of dismissal, the notice letter must state the reason for the dismissal.
→ Section L.52 stipulates that: If the dismissal of a worker is legitimate in substance but occurs without observance of the formality of written notification of termination or of the indication of its reason, the court must award the worker, to sanction the non-observance of the rules of form, compensation which cannot exceed one month of the worker's gross salary.

→ Section L 41 provides that: In the absence of collective agreements or decrees in lieu thereof, the notice period is as follows:
- 8 days for staff paid by the day or week;
- 1 month for the worker whose salary is paid monthly;
- 2 months for supervisory staff and equivalent positions;
- 3 months for managers and executive staff.

▶ Labour Code 1992
→ Section L46 LC provides that: Any individual or collective dismissal by an employer for one or more reasons not related to the person of the worker and arising from deletion or alteration of employment or a substantial modification of the contract work due to economic hardship or technological changes, constitutes a dismissal for economic reasons.

→ Section L47 LC indicates that: To try to avoid a dismissal for economic reasons, an employer considering such a dismissal must convene the employee representatives and explore with them all other possibilities, such as reduced working hours, shift work, and partial unemployment. The minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who has fifteen days from the date of this notification to, if necessary, take action.

→ Section L.35 indicates that: When, for economic reasons, dictated by the needs of the company or resulting from unforeseen events constituting force majeure, the employer decides to temporarily lay off all or part of its staff, the labour inspector must be informed beforehand.
▻ The suspension period cannot exceed three months.
▻ Beyond three months or in the event of non-acceptance by the worker of the proposed suspension conditions, the possible termination of the contract is attributable to the employer.
→ Section L47 LC indicates that: To try to avoid a dismissal for economic reasons, an employer considering such a dismissal must convene the employee representatives and explore with them all other possibilities, such as reduced working hours, shift work, and partial unemployment. The minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who has fifteen days from the date of this notification to, if necessary, take action.

→ Section L47 LC stipulates that: To try to avoid a dismissal for economic reasons, an employer considering such a dismissal must convene the employee representatives and explore with them all other possibilities, such as reduced working hours, shift work, and partial unemployment. The minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who has fifteen days from the date of this notification to, if necessary, take action.
→ Section L48(2 to 4) LC stipulates that:
2) The employer must communicate, in writing, to the staff representatives, if any, the list of workers that he proposes to dismiss, specifying the criteria that he has used. Within eight days of the communication of this list, he convenes the staff representatives to gather their suggestions, which are recorded in the minutes of the meeting.
3) If the employer plans to dismiss a staff representative for economic reasons, he must comply with the specific procedure for these workers.
4) For other workers, the employer may, after the meeting of staff representatives referred to in paragraph 2, proceed with the dismissal. In all cases, the list of dismissed workers and the minutes of the aforementioned meeting are immediately communicated to the labour inspector for information.

→ Under Section L.277 LC, the authorization of the labour inspector is required before any dismissal of a staff representative, whether full or alternate, envisaged by the employer or his representative.
▻ The authorization for the dismissal, or the refusal of this authorization, must be notified to the employer and the staff representative concerned.
▻ The failure of the labour inspector to respond within fifteen days of the application being filed constitutes authorization for dismissal.
▻Any dismissal that occurs in violation of the procedure set out in the preceding paragraph is null and void, and the delegate will be reinstated in his rights and reintegrated into the company.

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

→ Section L48 LC stipulates that: If, after the expiry of this fifteen-day period, certain dismissals for economic reasons were necessary, these are subject to the following rules:
1) The employer establishes the order of dismissals. This order takes into account, firstly, workers with lesser professional skills for the jobs that are retained.
▻ In the event of equal professional competence, the most senior workers will be retained.
▻ For the purpose of establishing this order of dismissals, seniority in the company is increased by one year for married workers and by one year for each dependent child as defined by family benefits legislation.
2) The employer must communicate, in writing, to the staff representatives, if any, the list of workers that he proposes to dismiss, specifying the criteria that he has used. Within eight days of the communication of this list, he convenes the staff representatives to gather their suggestions, which are recorded in the minutes of the meeting.
3) If the employer plans to dismiss a staff representative for economic reasons, he must comply with the specific procedure for these workers.
4) For other workers, the employer may, after the meeting of staff representatives referred to in paragraph 2, proceed with the dismissal. In all cases, the list of dismissed workers and the minutes of the aforementioned meeting are immediately communicated to the labour inspector for information.

→ Section L48(5) LC stipulates that: In addition to the notice period and any severance pay, the dismissed employee is entitled to a special, tax-free allowance paid by the employer equal to one month's gross salary. They also have priority for re-employment in the same job category at their former company for a period of two years.

→ Section L47 LC indicates that: To try to avoid a dismissal for economic reasons, an employer considering such a dismissal must convene the employee representatives and explore with them all other possibilities, such as reduced working hours, shift work, and partial unemployment. The minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who has fifteen days from the date of this notification to, if necessary, take action.

→ Section L53 LC indicates that: In the event of dismissal and termination of the contract due to force majeure, a worker who has completed a continuous period of service in the company of at least one year is entitled to compensation separate from the notice period. This compensation is calculated by taking the average monthly remuneration received during the twelve months preceding the dismissal, and applying the following percentages to this average remuneration:
- 20% for each of the first five years of work,
- 25% for each year of the 6th to 10th inclusive,
- 30% for each year beyond the 10th.
The remuneration to be taken into account for calculating this compensation includes all benefits constituting consideration for work performed, excluding those representing expense reimbursements.
Fractions of a year must be taken into account in the calculation based on the above. This compensation is not payable if the dismissal is due to the employee's gross misconduct.
→ Section L54 LC stipulates that: In the event of resignation, a worker who has at least ten years of continuous service in the company shall be entitled to compensation for “services rendered”, calculated on the same basis and under the same conditions as the compensation referred to in Section L.53.

▷ There is no separate redundancy/retrenchment payment. Economic dismissals follow a stricter procedure, but the financial compensation remains the ordinary severance pay (indemnité de licenciement) provided for in Sections L.53–L.54.

▷ There is no separate redundancy/retrenchment payment. Economic dismissals follow a stricter procedure, but the financial compensation remains the ordinary severance pay (indemnité de licenciement) provided for in Sections L.53–L.54.