No enterprises excluded as such from the LPLC which is the main act governing termination of employment.
However, it is important to note that the Law on Micro and Small Enterprises [MSE], as amended in 2008 provides for a specific compensation for unjustified dismissal (indemnizacion por despido injustificado) in micro and small enterprises which amount is lower than that set out in the LPLC.
According to the MSE, a micro enterprise is an enterprise employing 1 to 10 workers, while a small enterprise is one employing 1 to 100 workers.

Art. 3 of the LPCL states that the scope of this legislation extends to "all enterprises and workers in the private sector".
The LPLC also stipulates that workers in managerial positions and positions of trust are governed by their own set of rules (arts. 43-45, LPCL). However, no further information was found as to the the rules applicable to those categories of workers.

Arts 53-71 LPCL list the valid reasons for the use of FTCs (referred to as "contracts subject to special conditions") which fall within 3 categories:
1) Temporary reasons (art. 54 LPCL):
* commencement or launching of a new activity (max. duration of FTC: 3 years)
* increase in market demand (max. duration of FTC: 5 years)
* restructuring of the enterprise in response to the replacement, modification, extension or, in general, any technological change (max. duration of FTC: 2 years)
2) Incidental reasons (art. 55, LPCL):
* transitory needs different from the normal activity (max. duration: 6 months in one year),
* replacement of a worker (max. 5 years)
* emergency contract to cover needs arising from an unforeseen event or force majeure (duration of emergency and max. 5 years)
3) Specific piece of work or service (sec. 56, LPCL):
* performance of a specific piece of work or service (max. 5 years)
* intermittent service contract (max. 5 years)
* seasonal contracts (max. 5 years)
Renewals are allowed within the maximum duration specified above for each contract. A combination of different contracts subject to special conditions is possible provided however that the total cumulative duration does not exceed 5 years (art. 74 LPCL).

No limitation on the number of FTC, as long as the duration of the employment relationship does not exceed 5 years (art. 74 LPCL).

Arts 53-71 LPCL list the valid reasons for the use of FTCs (referred to as "contracts subject to special conditions") which fall within 3 categories:
1) Temporary reasons (art. 54 LPCL):
* commencement or launching of a new activity (max. duration of FTC: 3 years)
* increase in market demand (max. duration of FTC: 5 years)
* restructuring of the enterprise in response to the replacement, modification, extension or, in general, any technological change (max. duration of FTC: 2 years)
2) Incidental reasons (art. 55, LPCL):
* transitory needs different from the normal activity (max. duration: 6 months in one year),
* replacement of a worker (max. 5 years)
* emergency contract to cover needs arising from an unforeseen event or force majeure (duration of emergency and max. 5 years)
3) Specific piece of work or service (sec. 56, LPCL):
* performance of a specific piece of work or service (max. 5 years)
* intermittent service contract (max. 5 years)
* seasonal contracts (max. 5 years)
Renewals are allowed within the maximum duration specified above for each contract. A combination of different contracts subject to special conditions is possible provided however that the total cumulative duration does not exceed 5 years (art. 74 LPCL).

General rule: Probationary periods may last three months, at the end of which the worker gains the right of protection against unlawful dismissal (art. 10 LPCL).
Extension: The parties may agree to extend the probationary period where the work to be undertaken requires a period of training and adaptation or where the nature of the work or responsibility entailing such extension may be justified (art. 10 LPCL).
Extension of the probationary period must be established in writing and may not exceed:
- six months in total in the case of skilled workers and persons in positions of trust,
- one year for managerial personnel.

Art 29 LPLC provides for the nullity of any dismissal based on those prohibited grounds.
On maternity leave: see art. 29 e) LPCL: any dismissal based on the pregnancy is null if it takes place at any time preceding confinement or 90 days after it [= duration of maternity leave].

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

- With regards to pregnant women, any dismissal based on the pregnancy is null if it takes place at any time during pregnancy preceding confinement or 90 days after itdelivery. Additional protection consists in a presumption that the dismissal is grounded on the pregnancy if the employer is unable to prove any other valid reason for the dismissal. Dismissal of a pregnant woman for a valid reason is therefore permitted (art. 29 e) LPCL).

Art. 32 LPCL

See art. 31 LPCL:
- The employer must give the worker a reasonable period of written notice, of not less than six calendar days in case of misconduct, so that the worker can present a written defense to any charges brought against him or her.
- If the worker is guilty of flagrant serious misconduct where it would be unreasonable to require the employer to continue the employment relationship, no notice is required.
- In the event of allegations related to capacity of the worker or errors, the employer must give a notice of at least 30 days in order for the employee to prove his or her professional capacities and correct any error.

See art. 48 LPCL.
[In addition to economic, technological and structural reasons, the LPCL foresees 3 other objective causes for termination of employment, which are not dealt with under this section, namely: a) fortuity and force majeure; b) dissolution, bankruptcy, liquidation proceedings; c) Patrimonial restructuring (See Supreme Decree No 014-99-ITINCI approving the Unified Text of the Law of Patrimonial Restructuring)

art. 48 a) and b) LPCL: In case of collective dismissal grounded on economic, technological and structural reasons, the employer first has to notify to workers' representatives and provide them with the relevant information regarding the reasons of the retrenchment and the names of affected workers. Then workers' representatives and employer shall undertake a consultation on alternatives to dismissal (suspension, reduction of working hours...).
If the parties reach an agreement, it will become enforceable.

Art. 48 c), d), e) LPCL.
After consultations with the trade unions begins, the employer shall file an application before the the Labour Administrative Authority [Autoridad Administrativa de Trabajo] based on an expert report that justifies the need for the dismissal.
Once the workers or their representatives have reviewed the report, they have 15 days to present their own expert report. There shall then be a meeting between the employer and the trade unions or workers' representatives under the auspices of the Labour Administrative Authority in order to find agreement on the retrenchment's modalities. In the absence of agreement on the modalities of the retrenchment, the Administrative Authority will issue an binding decision which can however be challenged within 3 days.

Art. 48a) LPCL.

Art. 48 e) LPCL.
Approval is only mandatory in the absence of agreement on the modalities of the retrenchment between the employer and the worker's representatives. In such cases, the Labou Administrative Authority will issue an binding decision.
If an agreement is reached however, it will be legally enforceable.

If there is an approval by the worker's representatives the collective dismissal will take place according to the agreed modalities. In the absence of such approval, the Labour Administrative authority will issue a resolution (art. 48 LPCL).

See art. 52 LPCL: Workers dismissed for fortuity and force majeure or economic, technological and structural reasons have preferential rights to be reinstated if the employer decides to hire, directly or through third persons, new staff to fill similar posts, within a year of the collective dismissal. In the event of non-compliance, the worker is entitled to request, through legal channels, corresponding compensation in accordance with the law.

Mandatory consultations on alternatives to redundancies (such as temporary suspension of work, reduction of working hours..): art. 48 b) LPCL.

LLCP does not foresee any severance pay or redundancy payment. The employer can terminate the employment contracts for economic reasons, technological reasons, or structural causes that make the cessation necessary or in the event of force majeure without having to pay compensation.
Dismissal of a worker due to his or her capacity or conduct does not give rise to compensation (art. 34, LLCP)
If the employer dismisses an employee for reasons other than those exhaustively listed in the LPCL, he or she will have to pay compensation for arbitrary dismissal which is calculated according to the length of service (see below - avenues for redress).

- See sec. 34 and 38 LPCL (general rules).
On the specific compensation for arbitrary dismissal in micro and small enterprises, see Law on Micro and Small Enterprises [MSE], consolidated version of 2008, art. 47. Pursuant to that law, a micro enterprise is an enterprise employing 1 to 10 workers and whose maximum annual sales do not exceed 150 tributary tax units (Unidades Impositivas Tributarias (UIT)).
A small enterprise is an enterprise employing 1 to 100 workers and whose maximum annual sales do not exceed 1700 tributary tax units (see art. 5 MSE)
- In the event of a constructive dismissal, the worker may choose to bring an injunction against the employer's actions or he or she may choose termination of the contract. In case of such termination, he or she will be entitled to the payment of compensation equivalent to compensation for arbitrary dismissal (art. 30 LPCL)
- Please note that compensation for arbitrary dismissal (art. 38 LPCL) is also due in the event the employer does not observe the preferential right of workers to be re-employed by their former employer within a year of a collective dismissal (art. 52 LPCL)

- If a dismissal is declared null and void (that means that the dismissal was based on prohibited grounds), reinstatement is mandatory. However, in complying with the decision the worker may opt for compensation instead (art. 38 LPCL)
- There is no right to reinstatement in the event of an arbitrary dismissal (= a valid reason has not been given or cannot be legally substantiated). Compensation is the only available remedy is such case (art. 34 LPCL)

- Art. 66 of the current Labour Procedure Law [LPL], No 26636/1996 in force until 15 July 2010 stipulates that the judge must invite the parties to conciliate.
- The New Labour Procedure Law [NLPL], No 29497, in force from 15 July 2010 foresees a preliminary mandatory conciliation hearing and contains a much more detailed provision on the modalities of such preliminary hearing (art. 43).

The current Labour Procedure Law [LPL], No 26636/1996 establishes a hierarchy of courts to adjudicate labor disputes, consisting of the Magistrates Courts (Juzgados de Paz Letrados), the Labor Courts of First Instance (Juzgados de Trabajo), the Labour Branches of the High Court (Salas Laborales de la Corte Superior), and the Supreme Court (Corte Suprema). Dismissal cases are heard by the Labour Courts of First Instance (Juzgados de Trabajo). They must be brought within 30 calendar days of the act (art. 36 LPCL)
There have not been any changes in this respect in the New Labour Procedure Law [NLPL], No 29497 of 2010, in force from 15 July 2010 (see art. 2 on the jurisdiction of the Specialized Labour Courts).

See Labour Procedure Law, No 26636/1996 (applicable until 15/07/2010): art. 104: labour disputes can be submitted to arbitration.
Arbitration is also recognized as a valid labour dispute resolution mechanism under certain conditions in the New Labour Procedure Law of 2010 (applicable from 15/07/2010): see supplementary provision 6).