CDD reglementés: Oui

Remarks

Article 25 of Labour Code provides that the employment contracts might be concluded for: a) for an indefinite time, which is arranged to carry out permanent work and does not express the termination date; and b) for a specified time or for the execution of a job or work, which is arranged to carry out eventual or emergent work, as well as the fulfillment of the social service, for the trial period, to temporarily replace absent workers for justified reasons covered by legislation, training courses for new workers and others that require it.

Motifs autorisés de recours au CDD: raisons matérielles et objectives

Remarks

See article 25 of Labour Code.

Nombre maximum de CDD successifs: aucune limitation

Remarks

There is no indication of limitation in the law.

Durée cumulée maximum de CDD successifs: aucune limitation

Remarks

The new Labour Code excluded the provision concerning limitation of FTC's.

Durée maximale de la période d'essai (en mois): 6 mois

Remarks

Article 32 of Labour Code: The trial period is the time in which the worker demonstrates possessing the suitability required for the performance of the position that the worker aspires to occupy and verifies that the conditions and characteristics of the workplace correspond to the worker´s interests and the employer guarantees the information, the means, the necessary conditions and determines the demonstrated suitability of the worker. During the same, either party may terminate the employment relationship. Compliance with the trial period is not required for those hired for a specified time or for the execution of a job or work, for the fulfillment of social service and by decision of the employer in other cases. The trial period is established between thirty and up to one hundred and eighty days; Its duration is determined in correspondence with the complexity of the position and is agreed in the Collective Labor Agreement. If after this, the parties do not express their will to the contrary, the employment relationship is formalized for an indefinite period. For seafarers, the trial period can be extended to the length of the first campaign or voyage

Excluded from protection against dismissal: Non

Remarks

Article 32 of Labour Code provides that during the trial period, either party may terminate the employment relationship.

Obligation d'informer le travailleur des raisons du licenciement Non Motifs autorisés (licenciement justifié): capacité du travailleur, conduite du travailleur, motifs économiques, tout motif légitime

Remarks

Article 45 provides that the employment contract may end due to: a) agreement of the parties; b) initiative of any of the parties; c) retirement of the worker; d) death of the worker; e) extinction of the entity, when there is no other subrogated in its place; and f) expiration of the fixed term or the conclusion of the agreed work, in the case of fixed-term contracts or for the execution of a job or work.

Moreover article 49 of Labour Code provides that the employment contract might be terminated by the employer due to: a) loss of proven suitability; b) definitive relocation outside the entity of the available worker, or when the proposed employment is not unjustifiably accepted by the worker, or when the salary guarantee period expires without having been employed; c) definitive relocation outside the entity of the worker who is declared a person with a partial disability; non-suitability of the partial disability fo a job offer according to the worker´s capacity inside or outside the employer or disapproved requalification, in both cases, for unjustified reasons; d) application of the definitive separation measures of the entity or sector or activity, when appropriate, due to the non-observance of the disciplinary norms established in the legislation and in the disciplinary regulations; e) Compliance with the term of the maternity leave or, where appropriate, the social benefit or unpaid maternity leave, in the terms and conditions established in the legislation, without the worker who has enjoyed it being reinstated to the job; f) Sanction of deprivation of liberty by final sentence or security measure, in both cases when it exceeds six months, if the employer so decides; g) non-reinstatement upon expiration of the unpaid leave granted by the employer; and h) other causes provided for in the legislation.

Motifs prohibés: grossesse, congé de matérnité, maladie ou accident professionel temporaire, affiliation et activités syndicales, accomplissement du service militaire ou civil

Remarks

According to article 50, the employer, in the case of contracts for indefinite time, cannot notify the worker of the decision to terminate the contract, for the reasons indicated in paragraphs a), b) and c) of article 49, in the following cases: a) during the enjoyment of the worker or, as the case may be, the worker, the periods of maternity leave, paid or not, and the social benefit; b) during the period of temporary disability of the worker due to illness or accident of common origin or work; c) during the execution of military mobilizations; d) during the enjoyment of annual paid vacations; e) during the periods of suspension of the legally established employment relationship; and f) other situations expressly authorized by law.

Also article 63 also provides during pregnancy and after childbirth, the worker has the right to enjoy paid leave in the form and amount established with respect to the worker's maternity for the general regime or special social security, as appropriate

Concerning trade union activities, article 16 of Labour Code provides that the leaders of the union organizations have the necessary guarantees for the exercise of their management and consequently, the employers cannot transfer them, impose disciplinary measures, affect them in their working conditions, or end their employment relationship due to the performance of their union functions, when these are carried out in accordance with the law.

Article 2 (b) of Labour Code also provides that every citizen in conditions to work, without distinction of race, color, sex, religion, political opinion or national or social origin, has the opportunity to obtain a job with which the citizen can contribute to the ends of society and to the satisfaction worker´s needs. However, there is no specific provision dealing dismissals due to discrimination.

Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs, femmes enceintes ou en congé de maternité, travailleurs avec une invalidité confirmée, travailleurs effectuant leur service militaire/service alternatif

Remarks

See above article 50 of Labour Code.



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

Indemnité compensatrice de préavis: Non

Notification à l'administration publique: Non

Notification aux représentants des travailleurs: Non

Remarks

The only provision concerning communication of dismissals to workers'representatives is related to redundancy. Article 56 of Labour Code provides that the employer, from the corresponding authorization, is obliged to previously inform the trade union organization at its level and the workers, about the application of the redundancy process (redundancy), its organization and control.

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

Accord des représentants des travailleurs: Non

Notes / Remarques

Notes

The new Labour Code excluded the provisions concerning prior notice for dismissals by employer´s initiative, except for the cases concerning fixed-term contracts in the situation of termination before the agreed term.

Notes

There is no indication of severance payment or redundancy payment of such kind, however according to article 52 of Labour Code, the worker, at the time of termination of the employment relationship, has the right to receive the salary for the work performed, the amount of the accumulated for annual paid vacations, as well as that corresponding to the provision of security social that had been perceiving. In the event of the worker's death, this right is exercised by the relatives with the right to a social security pension or, failing that, by the heirs who prove such condition.