CDD reglementés: Oui

Remarks

Articles 26 of Labour Code provides that the fixed-term employment contract can only be agreed when the nature of the work merits it. In the same way, this type of contract can be carried out before occasional and extraordinary work. On the contrary, it cannot be agreed when the work is of a permanent nature.

Motifs autorisés de recours au CDD: raisons matérielles et objectives

Remarks

See Article 26 above.

Nombre maximum de CDD successifs: aucune limitation

Remarks

Arts. 26 and 27 Labour Code: The fixed-term or fixed-term contract must be stipulated for a period not exceeding one year. For the determination of said time, the extensions made to the employment contract must be taken into consideration. If special technical preparation is necessary to carry out the work, the employment contract can be extended for up to five years.
However, if the nature and cause of the work remain at the end of the employment contract for a certain period of time and the hiring is not renewed, it will be interpreted for the benefit of the worker as an employment contract for an indeterminate period and the payment of the corresponding workers' compensation will proceed. The foregoing would proceed even if the year of seniority is not exceeded.

Durée cumulée maximum de CDD successifs: 1annu00e9e(s)

Remarks

Arts. 26 and 27 Labour Code: The fixed-term or fixed-term contract must be stipulated for a period not exceeding one year. For the determination of said time, the extensions made to the employment contract must be taken into consideration. If special technical preparation is necessary to carry out the work, the employment contract can be extended for up to five years.

Durée maximale de la période d'essai (en mois):

Remarks

The trial period is not regulated by the legal system. However, it is often confused with the initial term of three months in the contracts for an indefinite period, in which it is possible to terminate the employment relationship without the employer having to pay the notice and severance pay, according to article 28 (a) of the Labour Code

Excluded from protection against dismissal:

Remarks

Articles 28 and 29 provide rules for prior notice and severance pay in case of termination of employment contract after 3 months. However, there is no information in the law in relation to shorter periods.

Obligation d'informer le travailleur des raisons du licenciement Non

Remarks

Article 35 provides that it is only mandatory to provide written declaration of reasons for dismissal if requested by the worker.
However, if it is a dismissal for a cause attributable to the worker, the employer must detail the facts that supported it in the dismissal letter, which will be the only ones that can later be discussed in court. This new provision has been brought by the Law No. 9343/2016 (One of the laws that performed the reform).

Motifs autorisés (licenciement justifié): aucun

Remarks

Private employment relationships are governed by free dismissal, therefore, the employer can dismiss a worker without just cause, but with the payment of the corresponding workers' compensation (article 85 (d) of the Labour Code).
On the other hand, the Labour Code also has a list of grounds that merit the application of disciplinary dismissal (Article 81 and 369 of Labour Code), in which case no severance or redundancy payment should be paid.
A dismissal is also possible for health reasons arising from a work risk, when the worker's relocation is not possible (article 254 Labour Code), with the payment of the corresponding workers' compensation (severance payment), in accordance with article 29 of Labour Code.

Motifs prohibés: grossesse, congé de matérnité, affiliation et activités syndicales, dénonciation/ alerte

Remarks

Article 94 of Labour Code provides that is forbidden to dismiss pregnant workers or workers who are breastfeeding, as well as indicate that in case os unlawful dismissal the worker can request reinstatement before the courts. Article 367 of Labour Code provides stability to trade union members. and workers representatives.
Moreover, persons reporting sexual harassment are protected by the Law against Sexual Harassment in Employment and Teaching.

Preliminarily, the principle of non-discrimination was regulated by Law No. 2694 of November 22, 1960, which establishes that all types of discrimination in employment are prohibited, which refers to race, sex, age, religion, color, marital status , political opinion, national ancestry, social origin, affiliation or economic situation. In addition, the art. 33 of the Political Constitution generally establishes the principle of equality and the principle of non-discrimination. Specifically, article 57 regulates equal pay and article 68 prohibits discrimination at work.

Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité

Remarks

See article 94 of Labour Code.

Forme de la notification du licenciement au travailleur: aucune forme particulière requise

Remarks

Although the law does not provide a statutory form of communication of the termination, article 35 provides that, if requested by the worker, a written declaration shall be provided, containing information related to the duration of the contract, type of work, performance and reasons for termination.
However, if the termination happened due to disciplinary reasons, the mentioned written communication is mandatory.

Délai de préavis:

Remarks

According to article 28 of Labour Code, in case of dismissals without valid grounds in open-end contracts, the worker should be given a prior notice, if the employment contract lasts at least 3 months.
On the other hand, the employer is not obliged to provide prior notice in case the dismissal is due to disciplinary reasons. The employer is also not obligated to provide prior notice in fixed term contracts, unless the contract is being terminated before the term or the conclusion of the work, provided that the period of one year has not been exceeded.

ancienneté ≥ 6 mois:

  • Tous: 15 jour(s).

ancienneté ≥ 9 mois:

  • Tous: 15 jour(s).

ancienneté ≥ 1 an:

  • Tous: 1 mois.

ancienneté ≥ 2 ans:

  • Tous: 1 mois.

ancienneté ≥ 4 ans:

  • Tous: 1 mois.

ancienneté ≥ 5 ans:

  • Tous: 1 mois.

ancienneté ≥ 10 ans:

  • Tous: 1 mois.

ancienneté ≥ 20 ans:

  • Tous: 1 mois.

Indemnité compensatrice de préavis: Oui

Remarks

Article 28 of Labour Code provides that in case the prior notice cannot be given in working days, it will be compensated with respective salary.

Notification à l'administration publique: Non

Notification aux représentants des travailleurs: Non

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Remarks

In the private employment regime, due process is not required before dismissal. Only in the case of workers with special protection is it necessary to process and obtain judicial or administrative authorization prior to applying the disciplinary dismissal (art. 540 Labour Code after the 2016 Reform)

Accord des représentants des travailleurs: Non

Remarks

There is no legal norm, but it can be regulated by collective bargaining agreement

Définition du licenciement collectif (nombre d'employés concernés): The legal system does not contemplate a regulation or a definition for dismissal for collective reasons, nor applicable limitations for the execution of collective dismissals.
Although the article 369 of Labour Code provides authorization to lawfully dismiss employees that engage in collective actions that result in illicit acts, there is no particular provision in relation to the termination act itself.

Consultation préalable des syndicats (représentants des travailleurs): Non

Remarks

There is no legal norm, but it can be regulated by collective bargaining agreement.

Notification à l'administration publique: Non

Notification aux représentants des travailleurs: Non

Remarks

There is no legal norm, but it can be regulated by collective bargaining agreement.

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Accord des représentants des travailleurs: Non

Remarks

There is no legal norm, but it can be regulated by collective bargaining agreement.

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Non

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Non

Règles de priorité de réembauche: Non