La couverture juridique est liée au champ d’application de la réglementation. Elle désigne les travailleurs et entreprises auxquels s’applique la législation sur la protection de l’emploi. Certains pays excluent des catégories de travailleurs telles que les travailleurs agricoles ou domestiques, ainsi que les entreprises d’une certaine taille, de leur régime général de protection de l’emploi. Il convient toutefois de noter que, lorsque certains travailleurs sont exclus du régime général, ils peuvent soit ne pas être couverts du tout, soit être couverts par d’autres dispositions spécifiques. Par exemple, les fonctionnaires bénéficient souvent d’un régime spécial. En revanche, les travailleurs domestiques sont souvent exclus de toute protection.  Certains pays ont entrepris des réformes pour étendre la couverture juridique de la législation sur la protection de l’emploi, en étendant son champ d’application à un plus grand nombre de travailleurs ou d’entreprises. 

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Environ ¾ des pays couverts par EPLex n'excluent pas les travailleurs en fonction de la taille de l'entreprise.

  • Pas d’exclusions
  • Exclusions fondées sur la taille des entreprises
  • Aucune donnée

Catégories de travailleurs exclues de la couverture sur la base de la taille de l'entreprise

Année Pays Pays Remark Région aucune aucune Remark 5 5 Remark 10 10 Remark 15 15 Remark 20 20 Remark 30 30 Remark 50 50 Remark 100 100 Remark
2020 Ghana Ghana Afrique Y
Y N N N N N N N N N N N N N N
2020 Montenegro Montenegro Europe N N N N N N N N Y
Y Art. 167 (1) provides that rules for collective dismissal are applied for enterprises with more than 20 employees or that intend to dismiss at least 20 employees, which means that these provisions do not apply to dismissals involving or enterprises with less than 20 employees and wish to perform a collective dismissal.

(1) If the employer intends to carry out a collective dismissal for at least 20 employees within a period of 90 days, it is mandatory to start consultations, request and consider the opinion and proposals of the trade union, ie employees or employee representatives in case the trade union is not organized by the employer. decisions on termination of the need for work of employees in order to reach an agreement, in order to eliminate or reduce the need for termination of work of employees.
N N N N N N
2020 Nigéria Nigéria Afrique Y
Y N N N N N N N N N N N N N N
2019 Afghanistan Afghanistan Asie Y
Y N N N N N N N N N N N N N N
2019 Angola Angola Afrique Y
Y N N N N N N N N N N N N N N
2019 Argentine Argentine Amériques Y
Y The rules on notice period do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
N N N N N N N N N N N N N N
2019 Autriche Autriche Europe N N Y
Y The Works Constitution Act (which lays down the general protection on dismissal) applies to all work contracts (private sector) but the provisions regulating the special protection regarding individual dismissal only apply to undertakings with at least 5 employees – and there are specificities as to how those 5 employees are counted.
The definition of collective dismissals excludes enterprises with less than 20 workers: sec. 45a Labour Market Promotion Act.
N N N N N N N N N N N N
2019 Australie Australie Asie N N N N N N Y
Y Although there is no general exclusion based on the size of the enterprise in the FWA, there are however some exemptions or specific requirements pertaining to dismissal in businesses with less than 15 employees (referred to in the Act as "small business employer": s23 FWA).
1) Small business employers are excluded from the obligation to pay redundancy pay (s121(1)b) FWA)
2) In addition, small business employees cannot make a claim for unfair dismissal in the first 12 months following their engagement, whereas protection against unfair dismissal applies after 6 months of employment in businesses with 15 or more employees.
3) After the 12-month-period of employment, small business employers must observe the requirements set out in the Small Business Fair Dismissal Code in order to dismiss an employee. If the employer follows the Code, then the dismissal will be deemed to be fair.

It is worth noting that under the former legislation, there was a broader exemption related to the size of the employer's workforce. According to s643 (Workplace Relations Act), claims of unfair dismissal were not available to employees working for an employer with 100 or fewer employees.
N N N N N N N N
2019 Azerbaïdjan Azerbaïdjan Europe Y
Y Art. 4 LC N N N N N N N N N N N N N N
2019 Bangladesh Bangladesh Asie Y
Y There are no general size-related exclusions regarding the applicability of termination of employment provisions.
However, the provisions on (temporary) stoppage of work and lay-off do not apply to establishments with less than 5 workers.
This exclusion can affect termination of employment insofar as sec. 16(7) LA regulating lay-off provides that where, during a calendar year, a worker is to be laid off after the first forty-five days for any continuous period of fifteen days or more, the employer may retrench that worker instead of temporarily laying him/her off.

N N N N N N N N N N N N N N
2019 Belgique Belgique Europe N N N N N N N N Y
Y Restriction only applicable to collective dismissals: see definition of collective dismissal: art. 1, Royal Order 1976.
However, the rules on individual dismissal apply to all enterprises.
N N N N N N
2019 Burkina Faso Burkina Faso Afrique Y
Y N N N N N N N N N N N N N N
2019 Bulgarie Bulgarie Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals: see collective dismissal definition in Supplementary provisions, § 1 (9) LC.
The rules on individual dismissals apply to all enterprises.
N N N N N N
2019 Bolivie Bolivie Amériques Y
Y N N N N N N N N N N N N N N
2019 Brésil Brésil At the end of 2019, aiming to boost job creation among young population, Brazilian Government enacted a Provisional Measure called "Green and Yellow Employment Contract", that, among other provisions, provided different rules for new employment contracts valid only for worker between 18 and 29 years and who have never had formal employment. The contract may last, under these new rules, for a maximum period of two years. Concerning termination of employment contract, it has presented an option to reduce the amount of compensation to be paid in case of unfair dismissals, if agreed between parties when the beginning of the employment contract, and has decreased the contributions to the Guarantee Fund for the Length of Service. Amériques Y
Y N N N N N N N N N N N N N N
2019 Canada Canada It is important to recall that the employment relationship of workers in Canada is primarily governed by provincial statutes enacted by the legislative power of the province in which the work takes place.
However, the federal parliament also has jurisdiction over employment relationships in certain sectors.
For practical reasons, the information provided here only reflects the content of federal legislation and is therefore only relevant to federally regulated businesses and industries and their workers which is approximately only 6 per cent of the total labour force.


Amériques Y
Y N N N N N N N N N N N N N N
2019 Congo, République démocratique Congo, République démocratique Afrique Y
Y N N N N N N N N N N N N N N
2019 République centrafricaine République centrafricaine Afrique Y
Y N N N N N N N N N N N N N N
2019 Suisse Suisse Europe Y
Y However, the definition of collective dismissal under Art. 335d CO implies that the rules on collective dismissals apply only to enterprises of more than 20 workers. N N N N N N N N N N N N N N
2019 Côte d'Ivoire Côte d'Ivoire Afrique Y
Y N N N N N N N N N N N N N N
2019 Chili Chili Amériques Y
Y N N N N N N N N N N N N N N
2019 Cameroun Cameroun Afrique Y
Y N N N N N N N N N N N N N N
2019 Colombie Colombie Amériques Y
Y N N N N N N N N N N N N N N
2019 Costa Rica Costa Rica Art. 14 Labour Code (c): The Labour Code does not apply to agricultural or livestock farms that permanently occupy no more than five workers. However, the Executive Power may determine through decrees which rules of this Code will be applied to them. For this purpose, it will begin with those that do not imply economic assessment for employers.
However, it was considered unenforceable by resolution of the Supreme Court of Justice of July 22, 1954
Moreover, Public officials subject to a public employment relationship are governed by the civil service rules established in the General Law of Public Administration and the Civil Service Statute. In the absence of express regulations that regulate certain aspects, the provisions established in the CT are applicable in a supplementary manner to them.
Amériques Y
Y N N N N N N N N N N N N N N
2019 Cuba Cuba Amériques Y
Y Article 10 of Labour Code - For the purposes of this Code, the organs, agencies, national entities, superior management organizations, companies, budgeted units, dependencies of the political and mass organizations are considered entities. Likewise, cooperatives and associative forms authorized by law are considered entities with respect to their workers submitted to salaries. N N N N N N N N N N N N N N
2019 Chypre Chypre Europe N N N N N N N N Y
Y Exclusion only applicable to Collective Dismissals Act (sec. 2 CDA). No exclusion under the TEA, therefore the rules on individual dismissal apply to all enterprises. N N N N N N
2019 Tchéquie Tchéquie Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals: see definition of collective dismissal in Sec. 62 (1) LC.
However, the rules on individual dismissals apply to all enterprises.
N N N N N N
2019 Algérie Algérie Afrique Y
Y N N N N N N N N N N N N N N
2019 Equateur Equateur Amériques Y
Y N N N N N N N N N N N N N N
2019 Espagne Espagne Europe Y
Y There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
- Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
- In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET).
N N N N N N N N N N N N N N
2019 Finlande Finlande Europe N N N N N N N N Y
Y The ACU (that establishes cooperation procedures in particular with regards to economic dismissals) only applies to enterprises employing 20 or more workers. However, the ECA is applicable no matter the size of the enterprise. N N N N N N
2019 France France Europe N N N N Y
Y There is no general exclusion based on the size of the enterprise. However, the LC provides for certain exemptions for enterprises employing less than 11 workers in particular with respect to sanctions in the event of non-compliance with dismissal (procedural and substantive) requirements. See art. L. 1235-5 LC and art. L. 1235-14 LC (on economic dismissal).
The social and economic committee, introduced by Order No. 2017-1718 of 22 September 2017, replaces the workers’ representatives ("délégués du personnel") previously elected in companies employing at least 11 workers and the works council, previously established in companies employing at least 50 workers. See art. L2312-1 LC.
N N N N N N N N N N
2019 Gabon Gabon Afrique Y
Y N N N N N N N N N N N N N N
2019 Royaume-Uni Royaume-Uni Europe Y
Y N N N N N N N N N N N N N N
2019 Géorgie Géorgie Europe Y
Y Article 1 of the Labour Code (LC).

Note: The LC provides an exception from the general restrictions on using FTCs for a maximum cumulative duration of 30 months for start-up companies, until a 48 months period has expired from the state registration (see below).
N N N N N N N N N N N N N N
2019 Grèce Grèce The Social Security Law (No. 3863/2010) enacted in July 2010 and further amended has introduced several changes to the rules regarding dismissals. Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals. Act. 1387/1983 which governs collective dismissal does not apply to undertakings with less than 20 employees. However, those enterprises are not excluded from the regulation on individual dismissal. N N N N N N
2019 Guatemala Guatemala Arts. 1, 2 and 14 Labour Code: The Labour Code regulates the rights and obligations of employers and workers, on the occasion of work, and creates institutions to resolve their conflicts. The Code and its regulations are of public order and its provisions must be subject to all companies regardless of their nature, if they are existing or that in the future are established in Guatemala. The imposition previously described also applies to all the inhabitants of the country, without distinction of sex or nationality, except for legal persons under Public Law and the exceptions that correspond according to the principles of International Law and treaties.

Amériques Y
Y N N N N N N N N N N N N N N
2019 Honduras Honduras Amériques Y
Y No enterprises excluded. However, the rules on severance pay differ in micro-enterprises which with a maximum of 10 employees (see art. 120A LC). N N N N N N N N N N N N N N
2019 Hongrie Hongrie Europe N N N N N N N N Y
Y •Exclusion only applicable to collective dismissals: see definition of collective dismissal in sec. 71 (1) LC. The rules on individual dismissals and all other rules apply to all enterprises.
N N N N N N
2019 Indonésie Indonésie Asie Y
Y N N N N N N N N N N N N N N
2019 Italie Italie Europe N N N N N N Y
Y The Workers’ Statute excludes employers with less than 15 employees (or less than 5 in the agricultural sector) from specific aspects related to union rights (see: Article 35 of Law N. 300 of 1970).
In addition, Law No. 223 of 1991 on collective dismissal is only applicable to companies employing more than 15 employees (Article 24 of Law No. 223 of 1991).
N N N N N N N N
2019 Jamaïque Jamaïque Amériques Y
Y N N N N N N N N N N N N N N
2019 Jordanie Jordanie In addition, Article 23 of the Constitution of Jordan provides that:
"1- Work is the right of all citizens, and the State shall avail it to Jordanians by directing and improving the national economy.
2- The State shall protect labour and enact legislation therefore based on the following principles:
(...) c- Specifying special compensation to workers supporting families and in the cases of dismissal, illness, disability and emergencies arising out of work. (...)"
Etats arabes Y
Y N N N N N N N N N N N N N N
2019 Japon Japon Asie Y
Y N N N N N N N N N N N N N N
2019 Kirghizistan Kirghizistan Europe N N N N N N Y
Y Art. 55 LC: The fixed-term contracts may be concluded with workers hired in the small or medium-size enterprise employing up to 15 workers during the 1st year of its creation. N N N N N N N N
2019 Comores Comores Afrique Y
Y N N N N N N N N N N N N N N
2019 Corée, République de Corée, République de Asie N N Y
Y Art. 11 LSA:
"Article 11 (Scope of Application)
(1) This Act shall apply to all businesses or workplaces in which five or more workers are ordinarily employed. This Act, however, shall not apply to any business or workplace which employs only relatives living together, and to a worker who is hired for domestic work.
(2) With respect to businesses or workplaces which ordinarily employs fewer than five workers, only part of the provisions of this Act may be made applicable as prescribed by the Presidential Decree.
(3) In the application of this Act, the method of calculating the number of workers ordinarily employed shall be prescribed by the Presidential Decree".
N N N N N N N N N N N N
2019 Kazakhstan Kazakhstan Europe Y
Y Article 8 of the Labour Code N N N N N N N N N N N N N N
2019 Sri Lanka Sri Lanka Asie N N N N N N Y
Y - The TEWA does not apply to workers in establishments with fewer than 15 workers (sec. 3(1)(a) TEWA).
- The provisions of the IDA governing retrenchment do not apply to enterprises employing less than 15 workers (sec. 31E(1) a) IDA).
N N N N N N N N
2019 Lesotho Lesotho Afrique Y
Y However there are some exemptions for family undertakings employing less than five people with regards to working hours, employment of young persons. These exemptions do not apply to termination of employment. N N N N N N N N N N N N N N
2019 Luxembourg Luxembourg Europe Y
Y N N N N N N N N N N N N N N
2019 Maroc Maroc Afrique N N N N Y
Y Exclusion only applicable to collective dismissal: see definition of collective dismissal in Art. 66 LC.
The rules on individual dismissals apply to all enterprises.
N N N N N N N N N N
2019 Madagascar Madagascar Afrique Y
Y N N N N N N N N N N N N N N
2019 Malawi Malawi Afrique Y
Y N N N N N N N N N N N N N N
2019 Mexique Mexique Amériques Y
Y N N N N N N N N N N N N N N
2019 Mozambique Mozambique Afrique Y
Y N N N N N N N N N N N N N N
2019 Namibie Namibie Afrique Y
Y N N N N N N N N N N N N N N
2019 Niger Niger Afrique Y
Y N N N N N N N N N N N N N N
2019 Nicaragua Nicaragua Amériques Y
Y N N N N N N N N N N N N N N
2019 Pays-Bas Pays-Bas Europe Y
Y N N N N N N N N N N N N N N
2019 Norvège Norvège The four previous distinct Discrimination Acts were superseded by the comprehensive Equality and Non-Discrimination Act No. 51 of 16 June 2017. Europe Y
Y N N N N N N N N N N N N N N
2019 Nouvelle-Zélande Nouvelle-Zélande Asie Y
Y N N N N N N N N N N N N N N
2019 Panama Panama Amériques Y
Y N N N N N N N N N N N N N N
2019 Pérou Pérou Amériques Y
Y No enterprises excluded as such from the LPLC, according to its art. 4,which is the main act governing termination of employment.
However, it is important to note that the Productive Development and Corporate Growth Act of December 2013 stablish several especial provisions for Micro and Small Enterprises.

For a definition on Micro, Small and Medium Enterprises see article 4 and 5 of the Productive Development and Corporate Growth Act.
N N N N N N N N N N N N N N
2019 Philippines Philippines Asie Y
Y Art. 293 LC : The provisions of this Title (termination of employment) shall apply to all establishments or undertakings, whether for profit or not.
Sec. 2 of Department Order No. 147-15, Series of 2015 : This Rules shall apply to all parties of work arrangements where employer-employee relationship exists. It shall also apply to all parties of legitimate contracting/subcontracting arrangements with existing employer-employee relationships.
N N N N N N N N N N N N N N
2019 Pologne Pologne Europe N N N N N N N N Y
Y See Act of March 13 March 2003. N N N N N N
2019 Portugal Portugal Europe N N N N Y
Y There is general exclusion from the Labour Code based on the size of the enterprise.
However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
- The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
- In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
N N N N N N N N N N
2019 Paraguay Paraguay Amériques Y
Y For the purposes of the Labour Code, according to article 24, employer is any natural or legal person who uses the services of one or more workers, by virtue of an employment contract. Therefore, there is no mention to excluded enterprises. N N N N N N N N N N N N N N
2019 Roumanie Roumanie Europe Y
Y N N N N N N N N N N N N N N
2019 Russie, Fédération de Russie, Fédération de Europe Y
Y Article 59 provides that a fixed-term contract may be concluded upon agreement by the worker and the employer in entreprises employing less than 35 workers (or 20 workers in enterprises of retail and services). N N N N N N N N N N N N N N
2019 Rwanda Rwanda In 2018, a new Labour Code was adopted. It replaced the 2009 Labour Code. Afrique Y
Y N N N N N N N N N N N N N N
2019 Singapour Singapour The tripartite partners – the Ministry of Manpower (MOM), the National Trades Union Congress (NTUC) and the Singapore National Employers Federation (SNEF) - have jointly issued a Tripartite Guidelines on Managing Excess Manpower in 2008. It was revised in 2017 as "Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment" (Available at: https://www.mom.gov.sg/~/media/mom/documents/employment-practices/guidelines/tripartite-advisory-on-managing-excess-manpower-and-responsible-retrenchment.pdf?la=en). Asie Y
Y N N N N N N N N N N N N N N
2019 Slovénie Slovénie Europe Y
Y Article 5 ERA provides the definition of the employment contracts under this law and includes small enterprises with less than 10 employees. Article 5 (definition of worker and employer) reads as follow:
(1) A worker or worker (hereinafter ' a worker ') under this law is any natural person who is in employment under a contract.
(2) The employer or employer (hereinafter "the Employer") under this law is a legal and natural person, and another entity such as a national authority, a local community, a foreign business branch, and a diplomatic and consular post which employs Worker under a contract of employment.
(3) A small employer under this law is an employer employing ten or fewer workers.
N N N N N N N N N N N N N N
2019 Slovaquie Slovaquie On July 13, 2011, the Labour Code, and in particular the provisions on termination of employment were significantly amended by Act No. 257/2011. The amendments entered into force on September 1, 2011 (with the exception of certain provisions which entered into force on 1st January 2012).
The Labour Code was further amended in December 2011 by Act 512/2011, effective as of 1st January 2012 but there were no changes on EPL.
Europe N N N N N N N N Y
Y New in Sept. 2011:
As a result of the introduction of a new definition of collective dismissals into the LC, enterprises with less than 20 employees are now expressly exempt from the procedural requirements applicable to collective dismissals (see sec. 73, as amended LC).
Under the previous LC, there was no reference in the definition of collective dismissal to a minimum number of employee employed.
Please not that this exclusion only covers collective dismissals and the rules on individual dismissals and contracts of employment apply to all enterprises.
N N N N N N
2019 Sénégal Sénégal Afrique Y
Y N N N N N N N N N N N N N N
2019 El Salvador El Salvador Amériques Y
Y N N N N N N N N N N N N N N
2019 Thaïlande Thaïlande A new Act amending the Labour Protection Act [Labour Protection Act (No. 7)] was adopted in April 2019. Those changes deal with various issues; for example, art.17/1 - termination of employment without prior notice, art.118 - establishing some new rates of severance pay (the length of service more than 10 years but less than 20 years and the length of service more than 20 years), article 120 – relocation of employer’s establishment, etc. Asie Y
Y N N N N N N N N N N N N N N
2019 Tadjikistan Tadjikistan Europe Y
Y N N N N N N N N N N N N N N
2019 Turkménistan Turkménistan Europe Y
Y N N N N N N N N N N N N N N
2019 Tunisie Tunisie Afrique Y
Y Pursuant to art. 1 LC, the LC applies to all industrial, commercial and agricultural establishment and their branches, regardless of their nature, whether public or private, religious or secular, with professional or charitable purposes.
______________
L'article 1 du Code du travail dispose que celui-ci s'applique "aux établissements de l'industrie, du commerce, de l'agriculture et à leurs dépendances, de quelque nature qu'ils soient, publics ou privés, religieux ou laïques, même s'ils ont un caractère professionnel ou de bienfaisance. Il s'applique également aux professions libérales, aux établissements artisanaux, aux coopératives, aux sociétés civiles, syndicats, associations et groupements de quelque nature que ce soit."
N N N N N N N N N N N N N N
2019 Turquie Turquie Europe N N N N N N N N N N Y
Y The main size-based exclusion regarding termination of employment concerns establishments with less than 30 employees. In those establishments, employees are not covered by the job security provision, which means the employer's obligation to depend on a valid reason to terminate an employment contract does not apply (see Art. 18 LA)

In addition, Art. 4 LA provides for specific exclusions from the scope of application of the LA related to the size of the undertakings. Are excluded:
- establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out;
- establishments employing three or fewer employees and falling within the definition given in Art. 2 of the Tradesmen and Small Handicrafts Act.

Although the Labour Act stipulates that employers and employees are entitled to enter into any type of employment contract within the remits of the law, based on the requirements of their employment relationship, it does not stipulate all types of employment contract.

The new Code of Obligations of 19 December 2012 regulates the contract of workers not covered by the Labour Act and therefore provides for two types of employment contract that are not set out under the Labour Law - namely, "home working agreements" and "marketing agreements". In addition, even if the employees of the establishments with less than 30 employees are not covered by the job security provision, the 2012 Code of Obligations provides that, in the case of marketing facilities agreements, if there is no written contract to determine the terms and termination of the contract, the authority of the marketing employee, the payment of salary and expenses and the applicable law and the competent courts, the provisions of law and customary employment conditions will apply to the employment relationship between the parties.
N N N N
2019 Tanzanie, République Unie de Tanzanie, République Unie de In 2017, the Employment and Labour Relations (General) Regulations, 2017 were enacted to improve the implementation of ELRA. Afrique Y
Y N N N N N N N N N N N N N N
2019 Ukraine Ukraine Law on Employment, adopted in 2013, compared to the Labour Code of 1972, contains only a new definition of mass redundancy Europe Y
Y N N N N N N N N N N N N N N
2019 Ouganda Ouganda Afrique Y
Y N N N N N N N N N N N N N N
2019 Ouzbékistan Ouzbékistan Europe Y
Y N N N N N N N N N N N N N N
2019 Venezuela, République bolivarienne du Venezuela, République bolivarienne du Amériques Y
Y No exclusion based on the size of the enterprise,
[Under the previous OLL, enterprises with fewer than 10 workers were exempt from the obligation reinstate a worker following a court decision ruling that the dismissal is unjustified. Such exemption was not repeated in the new OLL]
N N N N N N N N N N N N N N
2019 Serbie Serbie Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals: see definition of collective dismissal: art. 153 LL.
However, those enterprises are not excluded from the regulation on individual dismissal.
N N N N N N
2019 Afrique du Sud Afrique du Sud Afrique Y
Y N N N N N N N N N N N N N N
2019 Zambie Zambie Afrique Y
Y N N N N N N N N N N N N N N
2018 Antigua-et-Barbuda Antigua-et-Barbuda Amériques Y
Y N N N N N N N N N N N N N N
2018 Arménie Arménie Europe Y
Y However, art. 116 LC defines collective dismissal for economic reasons as any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months. This leads in practice to the non applicabilty of collective dismissal regulation to enterprises with less than 10 workers.
N N N N N N N N N N N N N N
2018 Botswana Botswana Afrique Y
Y N N N N N N N N N N N N N N
2018 Cambodge Cambodge Asie Y
Y Sec. 2 LC N N N N N N N N N N N N N N
2018 Malaisie Malaisie Asie Y
Y N N N N N N N N N N N N N N
2017 Chine Chine Asie Y
Y N N N N N N N N N N N N N N
2017 Allemagne Allemagne Europe N N N N Y
Y As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).
N N N N N N N N N N
2017 Danemark Danemark Europe N N N N N N N N Y
Y The rules on collective dismissals are only applicable to enterprises with more than 20 workers [see definition of collective dismissal: sec. 1 CDA].
However, the rules on individual dismissal apply to all enterprises.
N N N N N N
2017 Estonie Estonie Europe Y
Y N N N N N N N N N N N N N N
2017 Egypte Egypte Afrique Y
Y N N N N N N N N N N N N N N
2017 Sainte-Lucie Sainte-Lucie Amériques Y
Y N N N N N N N N N N N N N N
2017 Moldova, République de Moldova, République de Europe Y
Y N N N N N N N N N N N N N N
2017 Macédoine du Nord Macédoine du Nord Europe Y
Y N N N N N N N N N N N N N N
2017 Mongolie Mongolie Asie Y
Y N N N N N N N N N N N N N N
2017 Arabie saoudite Arabie saoudite Etats arabes Y
Y N N N N N N N N N N N N N N
2017 Suède Suède Europe Y
Y N N N N N N N N N N N N N N
2017 Etats-Unis Etats-Unis There is no federal law regulating the termination of employment as such. The United States has an "at will" employment system which allows for the dismissal of workers for any reason, or for no reason at all. In addition, there are no statutory procedural requirements to be observed with the exception of notice requirements in the event of mass dismissal, as set out in the WARN Act).
In the American States, with the exceptions of the State of Montana, the Commonwealth of Puerto Rico, and the non-metropolitan territory of the US Virgin Islands, as yet there is no legislation specifically focused on employment termination.

Most of the laws listed under "reference" are federal anti discrimination laws which operate to provide some measure of protection to employees in regard to termination.
The relevant federal statutes listed here are supplemented in many of the fifty states by similar legislation.

It is worth noting that an attempt has been made to provide legislative guidelines for dismissals under a model act. In 1991, the National Conference of Commissioners of Uniform State Laws adopted a Model Employment Termination Act (META) which would protect workers from dismissal without good cause by an employer. The model legislation is similar in scope and intention to the ILO Termination of Employment Convention, 1982 (No. 158). As of 2010, only Delaware has enacted a version of META.


Amériques N N N N N N N N N N N N N N Y
Y 1) This exclusion only refers to The Worker Adjustment and Retraining Notification Act [WARN] which provides for notification requirements in the event of mass layoffs or plant closure. This act covers only employers with 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work an average of less than 20 hours a week (42 U.S.C. sec. 2101).

2) In addition, the following Acts provide for size-based exclusions:
- Title VII of the Civil Rights Act [CRA]: covers only employers having 15 or more employees (42 U.S.C. sec. 2000e(b) [sec. 701] ).
- The Age Discrimination in Employment Act [ADEA]: covers only employers having 20 or more employees (29 U.S.C. sec. 630 (b) [sec. 11]).
- The Americans with Disabilities Act [ADA]: covers only employers having 15 or more employees (42 U.S.C. sec. 12111(5)(A) [sec. 101]).
- The Genetic Information Nondiscrimination Act of 2008 [GINA]: covers only employers having 15 or more employees ([sec. 201]), referring to sec. 701b of the CRA (42 U.S.C.A. § 2000e(b)).
- The Family and Medical Leave Act of 1993 [FMLA]: covers only employers having 50 or more employees ([sec. 101]
- The Worker Adjustment and Retraining Notification Act [WARN]: covers only employers with 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work an average of less than 20 hours a week (42 U.S.C. sec. 2101).

3)There are no such exclusions in the NLRA, OSHA or JSIA.

4) These federal non-discrimination statutes,are supplemented in many of the fifty states by similar legislation that covers smaller employers, as well as by state and local government.
2013 Emirats Arabes Unis Emirats Arabes Unis Etats arabes Y
Y N N N N N N N N N N N N N N
2013 Ethiopie Ethiopie Afrique Y
Y N N N N N N N N N N N N N N
2013 République arabe syrienne République arabe syrienne Etats arabes Y
Y N N N N N N N N N N N N N N
2013 Yémen Yémen Etats arabes Y
Y N N N N N N N N N N N N N N
2012 Viet Nam Viet Nam Changes brought by the new Labour Code (in force since May, 1st 2013, will be reflected in the EPLex profile for 2013. Asie Y
Y Art. 2 LC N N N N N N N N N N N N N N
2010 Iran, République islamique d' Iran, République islamique d' Asie Y
Y However, according to sec. 191 LC: "Small­ scale enterprises with fewer than ten workers may, as circumstances require, be temporarily excluded from some of the provisions of this Code. Determination as to such exceptional cases shall be in conformity with regulations to be proposed by the Supreme Labour Council and approved by the Council of Ministers."
N N N N N N N N N N N N N N

Environ ¼ des pays couverts par EPLex excluent les travailleurs domestiques du régime général de la législation de protection de l'emploi.

  • Exclusion des travailleurs domestiques
  • Aucune donnée

Catégories de travailleurs exclues

Année Pays Pays Remark Région aucune aucune Remark acteurs/travailleurs du secteur artistique acteurs/travailleurs du secteur artistique Remark travailleurs agricoles travailleurs agricoles Remark apprentis apprentis Remark ouvriers ouvriers Remark fonctionnaires fonctionnaires Remark clergé clergé Remark diplomates diplomates Remark travailleurs domestiques travailleurs domestiques Remark membres de la famille de l'employeur membres de la famille de l'employeur Remark journalistes journalistes Remark membres des coopératives membres des coopératives Remark magistrature magistrature Remark gens de mer gens de mer Remark services de sécurité étatiques services de sécurité étatiques Remark travailleurs miniers travailleurs miniers Remark membres d'équipages aériens membres d'équipages aériens Remark police police Remark directeurs /cadres dirigeants directeurs /cadres dirigeants Remark athlètes athlètes Remark auxiliaires d'administration auxiliaires d'administration Remark enseignants enseignants Remark armée armée Remark personnel pénitentiaire personnel pénitentiaire Remark travailleurs portuaires travailleurs portuaires Remark autorité administative autorité administative Remark employés de l'ONU employés de l'ONU Remark
2020 Ghana Ghana Afrique Y
Y *Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.
Y
Y *Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.
Y
Y *Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.
Y
Y *Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.
2020 Montenegro Montenegro Europe Y
Y Article 2 of New Labour Act.
2020 Nigéria Nigéria Afrique Y
Y The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).
Y
Y The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).
Y
Y The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).
Y
Y The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).
Y
Y The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).
Y
Y The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).
Y
Y The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).
2019 Afghanistan Afghanistan Asie Y
Y
2019 Angola Angola Afrique Y
Y Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;
Y
Y Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;
Y
Y Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;
Y
Y Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;
Y
Y Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;
Y
Y Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;
2019 Argentine Argentine Amériques Y
Y Art. 2 LCL (scope of application of the Law) provides that the provisions of the LCL do not apply to:
- persons employed by the national, provincial or municipal civil service (except where they are expressly included within its scope or within that of collective labour agreements),
- domestic workers " [New in 2013] " notwithstanding that the provisions of this act will be of application in all which is compatible and does not contradict the nature and modalities typical of the Domestic Work's normative framework" or when it is expressly provided (inserted by art. 72 of by Act 26.884 of 13 March 2013 on domestic workers.)
- agricultural workers " [New in 2012] " notwithstanding that the provisions of this act will be of complementary application in all which is compatible and does not contradict the nature and modalities typical of the Agricultural Work's normative framework" (inserted by art. 104 of by Act 26.727 of 28 December 2011 on agricultural workers.)
Y
Y Art. 2 LCL (scope of application of the Law) provides that the provisions of the LCL do not apply to:
- persons employed by the national, provincial or municipal civil service (except where they are expressly included within its scope or within that of collective labour agreements),
- domestic workers " [New in 2013] " notwithstanding that the provisions of this act will be of application in all which is compatible and does not contradict the nature and modalities typical of the Domestic Work's normative framework" or when it is expressly provided (inserted by art. 72 of by Act 26.884 of 13 March 2013 on domestic workers.)
- agricultural workers " [New in 2012] " notwithstanding that the provisions of this act will be of complementary application in all which is compatible and does not contradict the nature and modalities typical of the Agricultural Work's normative framework" (inserted by art. 104 of by Act 26.727 of 28 December 2011 on agricultural workers.)
Y
Y Art. 2 LCL (scope of application of the Law) provides that the provisions of the LCL do not apply to:
- persons employed by the national, provincial or municipal civil service (except where they are expressly included within its scope or within that of collective labour agreements),
- domestic workers " [New in 2013] " notwithstanding that the provisions of this act will be of application in all which is compatible and does not contradict the nature and modalities typical of the Domestic Work's normative framework" or when it is expressly provided (inserted by art. 72 of by Act 26.884 of 13 March 2013 on domestic workers.)
- agricultural workers " [New in 2012] " notwithstanding that the provisions of this act will be of complementary application in all which is compatible and does not contradict the nature and modalities typical of the Agricultural Work's normative framework" (inserted by art. 104 of by Act 26.727 of 28 December 2011 on agricultural workers.)
2019 Autriche Autriche Europe Y
Y The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)
Y
Y The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)
Y
Y The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)
Y
Y The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)
Y
Y The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)
Y
Y The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)
2019 Australie Australie Asie Y
Y The scope of application of the FWA differs in the various parts of the Act. 'Employee' and 'employer' are either given 'their ordinary meaning' or most frequently refer to 'national system employees' or 'national system employer'.
The main provisions on dismissal apply only to national system employees (i.e Part 3-2 on Unfair Dismissal, redundancy pay and notice of termination provisions).

The definition of national system employees and employers is provided in s14 and 15 FWA.
Employees covered by the national workplace relations system include those:
- employed by a constitutional corporation (these are corporations that are trading or financial, usually Pty Ltd or Ltd companies)
- employed by the Commonwealth or a Commonwealth authority
- employed in Victoria, the Northern Territory or the Australian Capital Territory
- a flight crew officer, a maritime employee, a waterside employee, employed in connection with interstate or overseas trade or commerce.

The Act has also foreseen a referral mechanism (sec. 30A to 30R) enabling states to join the national system rather than keeping their own specific system.

Since 1 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania have joined the national system.
All private sector employers in the New South Wales, Queensland, South Australian, Tasmanian system are therefore covered by the national system since 1 January 2010.
The Western Australian government has chosen not to join the national system.

Consequently, the following employees are not covered by those provisions of the FWA which only applies to national system employees:
- Employees in state public sector and local government employees in New South Wales, Queensland, South Australia and Tasmania and Western Australia are not covered by the national system and remain under their respective state system.
- Western Australian corporations whose main activity is not trading or financial.
- Western Australian sole traders, partnerships, or other unincorporated entities.

With regards to protection against unfair dismissal, according to s382, a national system employee is protected from unfair dismissal and is therefore eligible to make an application for unfair dismissal if he or she has completed 'the minimum employment period'. In addition to having completed the minimum employment period, s382 provides that one of the following conditions shall be fulfilled:
"(i) a modern award covers the person;
(ii) an enterprise agreement applies to the person in relation to the employment;
(iii) the sum of the person's annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than the high income threshold"[which from 1 July 2009 is $108,300, indexed annually – from 1 July 2018, the indexed threshold amount is $145,400]
.

In addition, there are specific exclusions attached to a number of dismissals requirements. Such exclusions, generally based on the nature of the employment relationship, have been indicated under the relevant item (i.e redundancy pay, notice of termination...).

On "who is covered by the national system", see the website "The Fair Work System":
https://www.fairwork.gov.au/about-us/legislation/the-fair-work-system
2019 Azerbaïdjan Azerbaïdjan Europe Y
Y Art. 6 LC
Other categories of workers excluded by the law: elected officials, foreign service workers, contractors and civil law contractors.
Y
Y Art. 6 LC
Other categories of workers excluded by the law: elected officials, foreign service workers, contractors and civil law contractors.
2019 Bangladesh Bangladesh Asie Y
Y - Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.
Y
Y - Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.
Y
Y - Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.
Y
Y - Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.
Y
Y - Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.
Y
Y - Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.
Y
Y - Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.
2019 Belgique Belgique Europe Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations.
2019 Burkina Faso Burkina Faso Afrique Y
Y Art 3 LC Y
Y Art 3 LC Y
Y Art 3 LC
2019 Bulgarie Bulgarie Europe Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
2019 Bolivie Bolivie Amériques Y
Y Art. 1 of the Labour Code
2019 Brésil Brésil At the end of 2019, aiming to boost job creation among young population, Brazilian Government enacted a Provisional Measure called "Green and Yellow Employment Contract", that, among other provisions, provided different rules for new employment contracts valid only for worker between 18 and 29 years and who have never had formal employment. The contract may last, under these new rules, for a maximum period of two years. Concerning termination of employment contract, it has presented an option to reduce the amount of compensation to be paid in case of unfair dismissals, if agreed between parties when the beginning of the employment contract, and has decreased the contributions to the Guarantee Fund for the Length of Service. Amériques Y
Y Art. 7 CLL: Those persons are excluded from the scope of application of the CLL except where expressly provided to the contrary in the legislation. These categories are governed by specific Acts (Domestic workers: Act No. 5859 of 11 December 1972 and Complementary Act 150 of 1st June 2015; Civil Servants: Act No. 8112 of 11 December 1990; Agricultural workers: Act no. 5889 of 8 June 1973).

Note: Both agricultural workers and domestic workers are entitled to the fundamental labour rights guaranteed by Article 7 of the Federal Constitution.
Y
Y Art. 7 CLL: Those persons are excluded from the scope of application of the CLL except where expressly provided to the contrary in the legislation. These categories are governed by specific Acts (Domestic workers: Act No. 5859 of 11 December 1972 and Complementary Act 150 of 1st June 2015; Civil Servants: Act No. 8112 of 11 December 1990; Agricultural workers: Act no. 5889 of 8 June 1973).

Note: Both agricultural workers and domestic workers are entitled to the fundamental labour rights guaranteed by Article 7 of the Federal Constitution.
Y
Y Art. 7 CLL: Those persons are excluded from the scope of application of the CLL except where expressly provided to the contrary in the legislation. These categories are governed by specific Acts (Domestic workers: Act No. 5859 of 11 December 1972 and Complementary Act 150 of 1st June 2015; Civil Servants: Act No. 8112 of 11 December 1990; Agricultural workers: Act no. 5889 of 8 June 1973).

Note: Both agricultural workers and domestic workers are entitled to the fundamental labour rights guaranteed by Article 7 of the Federal Constitution.
2019 Canada Canada It is important to recall that the employment relationship of workers in Canada is primarily governed by provincial statutes enacted by the legislative power of the province in which the work takes place.
However, the federal parliament also has jurisdiction over employment relationships in certain sectors.
For practical reasons, the information provided here only reflects the content of federal legislation and is therefore only relevant to federally regulated businesses and industries and their workers which is approximately only 6 per cent of the total labour force.


Amériques Y
Y Non-federally regulated workers are excluded from the scope of application of the Labour Code.
The Canada Labour Code (CLC) only applies to employees who are employed on or in connection with the operation of any federal work, undertaking or business. These include (sec. 2 CLC):
(a) a work, undertaking or business operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada,
(b) a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,
(c) a line of ships connecting a province with any other province, or extending beyond the limits of a province,
(d) a ferry between any province and any other province or between any province and any country other than Canada,
(e) aerodromes, aircraft or a line of air transportation,
(f) a radio broadcasting station,
(g) a bank or an authorized foreign bank
(h) a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces
(j) a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act; (entreprises fédérales).

In addition, Part III, Division XIV of the CLC, which regulates "Unjust dismissal complaints", does not apply to employees who are managers (sec. 167 CLC)


Y
Y Non-federally regulated workers are excluded from the scope of application of the Labour Code.
The Canada Labour Code (CLC) only applies to employees who are employed on or in connection with the operation of any federal work, undertaking or business. These include (sec. 2 CLC):
(a) a work, undertaking or business operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada,
(b) a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,
(c) a line of ships connecting a province with any other province, or extending beyond the limits of a province,
(d) a ferry between any province and any other province or between any province and any country other than Canada,
(e) aerodromes, aircraft or a line of air transportation,
(f) a radio broadcasting station,
(g) a bank or an authorized foreign bank
(h) a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces
(j) a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act; (entreprises fédérales).

In addition, Part III, Division XIV of the CLC, which regulates "Unjust dismissal complaints", does not apply to employees who are managers (sec. 167 CLC)


2019 Congo, République démocratique Congo, République démocratique Afrique Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
2019 République centrafricaine République centrafricaine Afrique Y
Y Art. 2 LC reads as follows:
"Les dispositions de la présente loi ne sont pas applicables :
- aux Magistrats et aux Fonctionnaires ;
- aux Officiers, Sous - Officiers et aux Hommes de troupe ;
- aux personnels de la Garde Républicaine ;
- aux travailleurs indépendants."

Y
Y Art. 2 LC reads as follows:
"Les dispositions de la présente loi ne sont pas applicables :
- aux Magistrats et aux Fonctionnaires ;
- aux Officiers, Sous - Officiers et aux Hommes de troupe ;
- aux personnels de la Garde Républicaine ;
- aux travailleurs indépendants."

Y
Y Art. 2 LC reads as follows:
"Les dispositions de la présente loi ne sont pas applicables :
- aux Magistrats et aux Fonctionnaires ;
- aux Officiers, Sous - Officiers et aux Hommes de troupe ;
- aux personnels de la Garde Républicaine ;
- aux travailleurs indépendants."

2019 Suisse Suisse Europe Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
2019 Côte d'Ivoire Côte d'Ivoire Afrique Y
Y Art. 2 LC
2019 Chili Chili Amériques Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

2019 Cameroun Cameroun Afrique Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
2019 Colombie Colombie Amériques Y
Y Article 4 of Labour Code provides that the relations of individual Labor law between the Public Administration and the workers of railways, companies, public works and other servants of the State, are not governed by this Code, but by the special statutes that are subsequently issued.

2019 Costa Rica Costa Rica Art. 14 Labour Code (c): The Labour Code does not apply to agricultural or livestock farms that permanently occupy no more than five workers. However, the Executive Power may determine through decrees which rules of this Code will be applied to them. For this purpose, it will begin with those that do not imply economic assessment for employers.
However, it was considered unenforceable by resolution of the Supreme Court of Justice of July 22, 1954
Moreover, Public officials subject to a public employment relationship are governed by the civil service rules established in the General Law of Public Administration and the Civil Service Statute. In the absence of express regulations that regulate certain aspects, the provisions established in the CT are applicable in a supplementary manner to them.
Amériques Y
Y
2019 Cuba Cuba Amériques Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

2019 Chypre Chypre Europe Y
Y Employment of the public servants, police and armed force personnel is regulated by the Public Service Law (No. 1/90) and Municipal Corporations Law (No. 111/85).
Y
Y Employment of the public servants, police and armed force personnel is regulated by the Public Service Law (No. 1/90) and Municipal Corporations Law (No. 111/85).
Y
Y Employment of the public servants, police and armed force personnel is regulated by the Public Service Law (No. 1/90) and Municipal Corporations Law (No. 111/85).
2019 Tchéquie Tchéquie Europe Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
2019 Algérie Algérie Afrique Y
Y Art. 3 LRA.

Y
Y Art. 3 LRA.

Y
Y Art. 3 LRA.

2019 Equateur Equateur Amériques Y
Y Article 10 of Labour Code: Concept of employer.- The person or entity, of any kind whatsoever, for the account or order of which the work is carried out or to whom the service is provided, is called an entrepreneur or employer.
The State, provincial councils, municipalities, and other legal entities governed by public law have the status of employers with respect to workers in national or local public works. Such works are understood not only to be constructions, but also to maintain them and, in general, to carry out all material work related to the provision of public service, even if the workers have had their appointment and any other the form or period of payment. They have the same quality of employers with respect to the workers of the industries that are in their charge and that can be exploited by individuals.
They also have the quality of employers: the State Railroad Company and the fire departments regarding their workers.
2019 Espagne Espagne Europe Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
2019 Finlande Finlande Europe Y
Y Sec. 2, chap. 1 ECA: the ECA is not applicable to employment relations subject to public law, ordinary hobbies activities, contracts of work governed by separate provisions.
Seamen's Act (423/1978, as amended).
Y
Y Sec. 2, chap. 1 ECA: the ECA is not applicable to employment relations subject to public law, ordinary hobbies activities, contracts of work governed by separate provisions.
Seamen's Act (423/1978, as amended).
2019 France France Europe Y
Y The employment relationship of those categories is governed by public law regulations. Y
Y The employment relationship of those categories is governed by public law regulations. Y
Y The employment relationship of those categories is governed by public law regulations. Y
Y The employment relationship of those categories is governed by public law regulations.
2019 Gabon Gabon Afrique Y
Y Art. 1 LC.
2019 Royaume-Uni Royaume-Uni Europe Y
Y Protection under the ERA does not extend to:
* individuals whose employment lasts for less than one month (sec 198, ERA);
* police officers (sec. 200, ERA);
* mariners (sec. 199, ERA);
* members of the naval, military and air forces of the Crown (sec. 192, ERA).

Protection against unfair dismissal, requires that one be employed for at least one year (sec. 108, ERA). Everyone, however, is protected against dismissal based on the exercise of statutory and workplace rights, personal reasons, union membership, civic duty, sex and racial discrimination.
Y
Y Protection under the ERA does not extend to:
* individuals whose employment lasts for less than one month (sec 198, ERA);
* police officers (sec. 200, ERA);
* mariners (sec. 199, ERA);
* members of the naval, military and air forces of the Crown (sec. 192, ERA).

Protection against unfair dismissal, requires that one be employed for at least one year (sec. 108, ERA). Everyone, however, is protected against dismissal based on the exercise of statutory and workplace rights, personal reasons, union membership, civic duty, sex and racial discrimination.
Y
Y Protection under the ERA does not extend to:
* individuals whose employment lasts for less than one month (sec 198, ERA);
* police officers (sec. 200, ERA);
* mariners (sec. 199, ERA);
* members of the naval, military and air forces of the Crown (sec. 192, ERA).

Protection against unfair dismissal, requires that one be employed for at least one year (sec. 108, ERA). Everyone, however, is protected against dismissal based on the exercise of statutory and workplace rights, personal reasons, union membership, civic duty, sex and racial discrimination.
2019 Géorgie Géorgie Europe Y
Y Article 1 of the LC "Scope of Application"
1. This Labor Code regulates labour and subsequent relations on the territory of Georgia that are not otherwise regulated by an international agreement of Georgia or a special law.
2. The issues related to labor relations, that are not regulated by this Code or other special law, shall be regulated by the norms of the Civil Code.
3. The labor agreement can not be defined by the norms differentiated by this Law which worsen the condition of the employee.
2019 Grèce Grèce The Social Security Law (No. 3863/2010) enacted in July 2010 and further amended has introduced several changes to the rules regarding dismissals. Europe Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
2019 Guatemala Guatemala Arts. 1, 2 and 14 Labour Code: The Labour Code regulates the rights and obligations of employers and workers, on the occasion of work, and creates institutions to resolve their conflicts. The Code and its regulations are of public order and its provisions must be subject to all companies regardless of their nature, if they are existing or that in the future are established in Guatemala. The imposition previously described also applies to all the inhabitants of the country, without distinction of sex or nationality, except for legal persons under Public Law and the exceptions that correspond according to the principles of International Law and treaties.

Amériques Y
Y Art. 191 Labour Code: The relations between the State, municipalities and other entities held with public funds, and their workers, shall be governed exclusively by the Statute of State Workers; therefore, these relationships are not subject to the provisions of the Labour Code.
2019 Honduras Honduras Amériques Y
Y Art. 2 LC: The LC does not apply to:
- Agricultural and livestock holdings employing more than 10 permanent workers (except for the provisions of the LC on wages)
- National, departmental or municipal public employees who are governed by civil service laws and regulations.

In addition, there are specific rules applicable to appendices and domestic workers. In particular, the dismissal of domestic workers is governed by specific rules (ie. see art. 158 LC on the notice period, art. 160 LC on valid grounds for dismissal and compensation for unfair dismissal).
Y
Y Art. 2 LC: The LC does not apply to:
- Agricultural and livestock holdings employing more than 10 permanent workers (except for the provisions of the LC on wages)
- National, departmental or municipal public employees who are governed by civil service laws and regulations.

In addition, there are specific rules applicable to appendices and domestic workers. In particular, the dismissal of domestic workers is governed by specific rules (ie. see art. 158 LC on the notice period, art. 160 LC on valid grounds for dismissal and compensation for unfair dismissal).
2019 Indonésie Indonésie Asie Y
Y See Art. 150 MA, Chapter XII Termination of Employment: the provisions concerning termination of employment under this act cover termination of employment that happens in a business undertaking which is a legal entity or not, a business undertaking owned by an individual, by a partnership or by a legal entity, either owned by the private sector or by the State, as well as social undertakings and other undertakings which have administrators/officials and employ people by paying them wages or other forms of remuneration.

Civil servants are covered by specific regulations.

Y
Y See Art. 150 MA, Chapter XII Termination of Employment: the provisions concerning termination of employment under this act cover termination of employment that happens in a business undertaking which is a legal entity or not, a business undertaking owned by an individual, by a partnership or by a legal entity, either owned by the private sector or by the State, as well as social undertakings and other undertakings which have administrators/officials and employ people by paying them wages or other forms of remuneration.

Civil servants are covered by specific regulations.

2019 Inde Inde Labor and employment regulation in India are governed at both the federal and state levels. The main federal statutes that regulate the termination of employment include the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947, as amended. Asie Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month) Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month) Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month) Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month)
2019 Italie Italie Europe Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y