Pour licencier un travailleur, les employeurs doivent généralement suivre un ensemble de procédures prévues par la loi, comme le respect d’un préavis. La Convention n° 158 dispose qu’« un travailleur qui va faire l’objet d’une mesure de licenciement aura droit à un préavis d’une durée raisonnable ou à une indemnité en tenant lieu, à moins qu’il ne se soit rendu coupable d’une faute grave » (Art. 11). Cette obligation a pour but d’atténuer, pour le travailleur, les conséquences préjudiciables de la cessation immédiate de son emploi. Ce préavis a également pour but de permettre au travailleur de se préparer à la perte d’emploi à venir, et de lui permettre de chercher un autre emploi. La Recommandation n° 166 prévoit en outre que, pendant la période de préavis, le travailleur devrait avoir droit à des périodes de temps libre d’une durée raisonnable sans perte de salaire, prises à des moments convenant aux deux parties, afin qu’il puisse chercher un autre emploi (para. 16). La durée spécifique du préavis est laissée à l’appréciation des pratiques nationales.

La recommandation n° 166 définit également les procédures qui peuvent être suivies avant ou au moment de la cessation d’emploi. Par exemple, elle prévoit que l’employeur devrait aviser le travailleur par écrit de sa décision de mettre fin à son emploi et que le travailleur devrait, sur demande, avoir le droit de recevoir de l’employeur une déclaration écrite du ou des motifs du licenciement (paras 12 et 13). La recommandation prévoit aussi la possibilité pour les employeurs de consulter les représentants des travailleurs avant de prendre une décision définitive sur les cas individuels de licenciement (para. 11).

Les travailleurs doivent aussi normalement avoir le droit de recourir contre ces mesures devant un organisme impartial tel qu’un tribunal, un tribunal du travail, une commission d’arbitrage ou un arbitre (C. 158, Art. 8).

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Approximately 80% of EPLex countries require a written notification to the worker to be dismissed

  • Written notification required
  • No specific form required
  • No data

Procedural requirements for individual dismissals

Année Pays Région Forme de la notification du licenciement au travailleur Indemnité compensatrice de préavis Notification à l'administration publique Notification aux représentants des travailleurs Autorisation de l'administration publique ou d'un organe judiciaire Accord des représentants des travailleurs
2019 Afghanistan Afghanistan Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Art. 23(4) LC provides for the employer's obligation to notify the employee of his/her dismissal within 1 month but does not specify the form of such notification. N N Y
Y Art. 25(1) LC: The employer is required to provide a list of employees who have been dismissed on any legal ground (conduct, capacity, economic reasons - see "valid grounds") to the Ministry of Labour and Social Affairs or its provincial offices. This list which aims at assisting employees in job placement shall indicate the work experience, qualification, speciality, and skills of each employee. N N N N N N
2019 Afrique du Sud Afrique du Sud Afrique
u00e9crite
u00e9crite See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it. Y
Y Sec. 38 BCEA. N N N N Except for individual dismissals based on operational requirements (see sec. 189 LRA).<br/>See also sec. 4(2) of the Code of Good Practice on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union. N N N N
2019 Algérie Algérie Afrique
u00e9crite
u00e9crite Any disciplinary dismissal (summary dismissal for serious misconduct) shall be notified in writing (Art. 73-2 LRA). A prior oral interview is also required.<br/>The law does not specify the form of notification for dismissals based on economic grounds.<br/>However, under the Collective Framework Agreement (CFA) of 2006, the dismissal decision shall be notified to the employee in writing (art 66 CFA). The CFA also requires the employer to conduct an oral interview with the employee prior to any dismissal not resulting from a workforce reduction (art. 64 CFA).<br/>_______________________________<br/>Tout licenciement disciplinaire (licenciement sans préavis pour faute grave) doit être notifié par écrit (art. 73-2 LRA). Une entrevue orale préalable est également requise. La loi ne précise pas la forme de notification pour les licenciements fondés sur des motifs économiques.<br/>Toutefois, en vertu de la convention collective (CCT) de 2006, la décision de licenciement doit être notifiée par écrit à l&apos;employé (art. 66 CCT). La Convention collective exige également que l&apos;employeur tienne une entrevue orale avec l&apos;employé avant tout congédiement ne résultant pas d&apos;une réduction d&apos;effectifs (art. 64 CCT). Y
Y Art. 73-6 LRA.<br/> N N N N N N N N
2017 Allemagne Allemagne Europe
u00e9crite
u00e9crite Sec. 623 CC N N N N Except for pregnant women, employees on parental leave or disabled employees. Y
Y Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.<br/>However, the validity of the dismissal does not depend on the council&apos;s approval. As a consequence of the council&apos;s objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure. N N Except for pregnant women, employees on parental leave or disabled employees. N N Sec. 102 Works Constitution Act: the works council must be consulted before every dismissal and can, on the basis of legally specified grounds, object to a dismissal.<br/>However, the validity of the dismissal does not depend on the council&apos;s approval. As a consequence of the council&apos;s objection and if the employee has challenged the dismissal before the labour court, he will be entitled to continuation of employment during the pending procedure.
2019 Angola Angola Afrique
u00e9crite
u00e9crite - Individual economic dismissal: art. 212 GLA.<br/>- Disciplinary dismissal: art. 50(2) GLA.<br/> Y
Y Art. 234(3) GLA: Pay in lieu of notice for individual economic dismissal.<br/>No notice for disciplinary dismissal. Y
Y - Individual economic dismissals (= those concerning up to 20 workers):<br/>Art. 211 GLA: Notification to the General Labour Inspectorate. Such notification shall include:<br/>- a description of the economic, technological and structural reasons underlying the collective dismissal;<br/>- the positions affected and number of workers to be dismissed;<br/>- the intended measures relating to the reorganization or the reduction of activities;<br/>- the number of workers affected by the dismissal;<br/>- the selection criteria;<br/>- the possibility or not to transfer those workers to other positions;<br/> - other information necessary to assess the situation, the necessity and the size of the dismissal.<br/>The General Labour Inspectorate can initiate an investigation in order to clarify the facts within 15 days after receiving the notification (art. 211 GLA).<br/><br/>- Disciplinary dismissals: no such prior notification to the administration, except for war veterans, minors and workers with a limited occupational disability degree of 20% or above (see art. 207 (3) and (4) GLA)<br/> N N No requirement to notify workers&apos; representatives.<br/><br/>In disciplinary dismissals, no such notification required. However, the employee has the right to be assisted by up to three witnesses that can be employees or members of the trade union to which he or she is affiliated during the preliminary interview (art. 48(2) GLA). If the employee is a trade union member or a workers&apos; representative, a copy of the dismissal notice shall be sent to the trade union or the representative body concerned (art. 50(3) GLA). N N - Individual economic dismissals (= those concerning less than 20 workers): Within 15 days after being notified, the General Labour Inspectorate can initiate an investigation in order to clarify the facts (art. 211 GLA).<br/><br/>- Disciplinary dismissals: no approval by the administration, except for war veterans, minors and workers with a limited occupational disability degree of 20% or above (see art. 207 (3) and (4) GLA)<br/> N N - Individual economic dismissal (= those concerning less than 20 workers): Workers and their representatives may go to court if they disagree with the decision. <br/>- Disciplinary dismissals: no approval required.<br/>
2018 Antigua-et-Barbuda Antigua-et-Barbuda Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise The LC does not specify whether the employer&apos;s notice of termination shall be written or not (see. sec. C9 LC).<br/>The employer is however required to furnish a written statement indicating the precise reason for the termination, upon a request by the employee within seven days of termination or notice thereof (sec. C10 LC as amended by sec. 8 LCA). Y
Y See sec. C9(4) LC.<br/> N N N N N N N N
2017 Arabie saoudite Arabie saoudite Etats arabes
u00e9crite
u00e9crite Art. 75 LL. Y
Y Art. 76 LL. N N N N N N N N
2019 Argentine Argentine The notice period requirements do not apply to dismissals for &quot;just cause&quot;.<br/>The only procedural requirement for dismissal for &quot;just cause&quot; is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice. Amériques
u00e9crite
u00e9crite Art. 235 LCL. Y
Y Art. 232 LCL. N N Decree 1043/2018 ( 12/11/2018) establishes the following temporary provisions: <br/>ARTu00cdCULO 6.- Establu00e9cese, hasta el 31 de marzo de 2019, un procedimiento por el cual los empleadores, antes de disponer despidos sin justa causa de trabajadores con contratos de trabajo por tiempo indeterminado, deberu00e1n comunicar la decisiu00f3n al MINISTERIO DE PRODUCCIu00d3N Y TRABAJO con una anticipaciu00f3n no menor a DIEZ (10) du00edas hu00e1biles previo a hacerla efectiva.<br/>ARTu00cdCULO 7.- El MINISTERIO DE PRODUCCIu00d3N Y TRABAJO, de oficio o a peticiu00f3n de parte, podru00e1 convocar al empleador y al trabajador junto con la asistencia gremial pertinente, a fin de celebrar durante el plazo fijado en el artu00edculo 6 del presente, las audiencias que estime necesarias para considerar las condiciones en que se llevaru00e1 a cabo la futura extinciu00f3n laboral.<br/>ARTu00cdCULO 8.- El incumplimiento de lo establecido en el presente capu00edtulo daru00e1 lugar a la aplicaciu00f3n de las sanciones previstas en el Anexo II de la Ley Nu00b0 25.212 y sus modificatorias.<br/>ARTu00cdCULO 9.- Exceptu00faase del procedimiento establecido en el presente capu00edtulo, al personal de la Industria de la Construcciu00f3n, contratado en los tu00e9rminos de la Ley Nu00b0 22.250.<br/>Source: http://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/316286/norma.htm <br/> N N N N N N
2018 Arménie Arménie Europe
u00e9crite
u00e9crite Art. 115 LC Y
Y Art. 115 LC - in case of non-respect of the notice period, the employer must compensate the worker for each day of the notice period on the basis of worker&apos; average wage. N N N N N N Art. 119 provides that any elected representative of workers may be dismissed only with the prior consent of representative body of workers. N N
2019 Australie Australie Asie
u00e9crite
u00e9crite s117(1) FWA: &quot;an employer must not terminate an employee&apos;s employment unless the employer has given the employee written notice of the day of the termination&quot;. Y
Y s117(2) b) FWA. N N N N N N N N
2019 Autriche Autriche Europe
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise No specific form required in the legislation.<br/> N N No statutory provision.<br/>ILO country profile - termination of employment - on Austria: In current court practice, when the mandatory notice period is not respected, the dismissal is treated as an &quot;unfounded premature dismissal&quot; and the employee is entitled to wages he would have received had the regular notice period been respected. N N Y
Y Sec. 105 (2) WCA<br/>Prior notification to and consultation with the works council, which has 5 days to react. Whether or not the council has objected to the dismissal or has dealt with the case on time affects the possibilities to lodge an appeal, but does not prevent the dismissal from taking effects. However, the procedure is rather complex. For further details, see relevant provisions. N N N N
2019 Azerbaïdjan Azerbaïdjan Europe
u00e9crite
u00e9crite Article 75 LC provides that the employer has to comply with the employment contract in writing. No explicit provision in the LC stating that the notification has to come in writing. Y
Y Art. 77 (4) LC N N N N N N N N However, according to art. 80 LC, the employer has to obtain the authorization of the trade union to dismiss a member of that trade union.
2019 Bangladesh Bangladesh Asie
u00e9crite
u00e9crite - Retrenchment: sec. 20(1) LA<br/>- Dismissal (on the ground of serious misconduct): sec. 24 LA<br/>- Termination by the employer with notice without a cause: sec. 26(1) LA. Y
Y The employer can opt for paying the wages for the period of notice in the following cases:<br/>- Retrenchment (sec. 20(1) LA)<br/>- Termination by the employer without a cause (that is termination by the employer otherwise than by dismissal (conduct-related), discharge (capacity-related) or retrenchment) (sec. 26(3) LA) N N Except in the event of an economic dismissal (retrenchment): sec. 20(2)b) LA, dealt below under &quot;Procedural requirement for collective dismissals for economic reasons&quot;.<br/>The Labour Inspection must be immediately notified in case of dismissals of workers due to illegal strikes. Otherwise there are no notification obligations (sec. 25(1) Labour Rules, 2015). N N Except in the event of an economic dismissal (retrenchment): sec. 20(2)b) LA, dealt below under &quot;Procedural requirement for collective dismissals for economic reasons&quot;. N N N N
2019 Belgique Belgique Europe
u00e9crite
u00e9crite Art. 37 (1) and 37 (2) para. 1 ECA Y
Y Permanent contracts:<br/> Art. 39 (1) ECA<br/> Section 1. Si le contrat a u00e9tu00e9 conclu pour une duru00e9e indu00e9terminu00e9e, la partie qui ru00e9silie le contrat sans motif grave ou sans respecter le du00e9lai de pru00e9avis (...) est tenue de payer u00e0 l&apos;autre partie une indemnitu00e9 u00e9gale u00e0 la ru00e9munu00e9ration en cours correspondant soit u00e0 la duru00e9e du du00e9lai de pru00e9avis, soit u00e0 la partie de ce du00e9lai restant u00e0 courir.<br/><br/> Art. 39ter. [1 Par secteur d&apos;activitu00e9,(...) une convention collective de travail doit, au plus tard le 1er janvier 2019, pru00e9voir qu&apos;un travailleur dont le contrat de travail est rompu par l&apos;employeur moyennant un pru00e9avis (...) d&apos;au moins 30 semaines (...) a droit u00e0 un ensemble de mesures (...).<br/><br/> Fixed-term contracts:<br/> Art. 40.1 Paragraph 1er. Si le contrat a u00e9tu00e9 conclu pour une duru00e9e du00e9terminu00e9e ou pour un travail nettement du00e9fini, la partie qui ru00e9silie le contrat avant terme et sans motif grave est tenue de payer u00e0 l&apos;autre une indemnitu00e9 u00e9gale au montant de la ru00e9munu00e9ration qui restait u00e0 u00e9choir jusqu&apos;u00e0 ce terme, sans que ce montant puisse toutefois excu00e9der le double de la ru00e9munu00e9ration correspondant u00e0 la duru00e9e du du00e9lai de pru00e9avis qui aurait du00fb u00eatre respectu00e9 si le contrat avait u00e9tu00e9 conclu sans terme.<br/> Paragraph 2. Par du00e9rogation au paragraphe 1er, lorsque le contrat est conclu pour une duru00e9e du00e9terminu00e9e ou pour un travail nettement du00e9fini, chacune des parties peut ru00e9silier le contrat avant terme et sans motif grave durant la premiu00e8re moitiu00e9 de la duru00e9e convenue et sans que la pu00e9riode durant laquelle un pru00e9avis est possible ne du00e9passe six mois, et ce moyennant le respect des du00e9lais de pru00e9avis pru00e9vus u00e0 l&apos;article 37/2. N N N N Except for protected workers. N N N N
2019 Bolivie Bolivie Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Y
Y Art. 12 of the Labour Code N N N N N N N N
2018 Botswana Botswana Afrique
u00e9crite
u00e9crite Sec. 18 (5) of the EA : Subject to the notice period specified in the employment contract, a written notice of intention to terminate the contract shall be given to the employee on a working day that will be included in the notice period. However, it may also be given orally by either party if he is illiterate. See sec. 26 EA for conditions under which an employer may terminate an employment contract without notice. Y
Y Sec. 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice. Y
Y Sec. 25(2) of the EA: when an employer forms an intention to terminate contracts of employment for the purpose of reducing the size of his work force, he shall forthwith give written notice of that intention to the Commissioner.<br/><br/>A &quot;Commissioner&quot; means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office. N N N N N N
2019 Brésil Brésil Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Y
Y Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment. N N No prior notification as such.<br/>(Art. 477 (1) was derogated by Law 13467, 2017) N N N N N N
2019 Bulgarie Bulgarie Europe
u00e9crite
u00e9crite Art. 328 (1) LC Y
Y Art. 220 LC N N N N N N However pursuant to art. 333 (1) LC, prior consent of the labour inspectorate is required : <br/>1) when the dismissal is based on certain grounds: partial closing down of the enterprise or staff cuts, lack of the qualities required for the performance of the work, lack of qualification following changes in the requirements for the job, disciplinary dismissals <br/>and <br/>2) for workers benefiting from special protection: mothers of children under 3 years, women whose husband are serving their compulsory military service, employees with reduced capacity for work who have been reassigned and disabled persons, employees suffering from certain diseases.<br/><br/>For pregnant women, prior consent of the labour inspectorate is required in case of disciplinary dismissal (art. 333 (5) LC). N N
2019 Burkina Faso Burkina Faso Afrique
u00e9crite
u00e9crite Art. 65 LC Y
Y Art. 68 LC N N Exept in the case of a dismissal of a workers&apos; representative: Art. 314 LC. N N N N However, such approval is mandatory in the event of a dismissal of a workers&apos; representative: art. 314 LC. N N
2018 Cambodge Cambodge Asie
u00e9crite
u00e9crite Y
Y Sec. 77 LC. Y
Y Sec. 21 LC : compulsory written notification to the Ministry of Labour every time an employer hires or dismisses a worker. N N N N Except for a shop steward or a candidate for a shop steward (sec.293 LC). N N
2019 Cameroun Cameroun Afrique
u00e9crite
u00e9crite Art. 34 (1) LC Y
Y Art. 36(1) LC N N Exceptions: <br/>Notification is mandatory prior to any:<br/>* individual dismissal on economic grounds (art 40 (6) LC) <br/>* dismissal of a worker&apos;s representative (art. 130 LC). N N Exception:<br/>Notification is mandatory prior to any individual dismissal on economic grounds: art. 40 (3) and (6) LC. N N Exception: any dismissal of a worker&apos;s representatives shall be approved by the competent administrative authority: art. 130 LC and 40(7) LC.<br/> N N
2012 Canada Canada Amériques
u00e9crite
u00e9crite Sec. 230(1)a) CLC. Y
Y Sec. 230(1)b) CLC. N N N N However, notification to the trade union is foreseen by sec. 230(2) CLC in one specific situation namely where an employee bound by a collective agreement and whose position becomes redundant is authorized to displace an employee with less seniority. In that case, the employer must give at least two weeks&apos; notice in writing to the trade union and the employee whose position becomes redundant and post a copy of the notice in a conspicuous place within the industrial establishment in which the employee is employed. Alternately, the employer may, as a result of the redundancy of the position, terminate the employment provided that he or she gives two week&apos;s wages to the employee. N N N N
2019 Chili Chili Amériques
u00e9crite
u00e9crite See art. 161 and 162 LC. Y
Y - Economic dismissal: art. 162 LC<br/>- Desahucio: art. 161 LC Y
Y Notification to the Labour Inspectorate, at the time the worker receives the dismissal notice is required for any type of dismissal.<br/>* Conduct-based dismissal: art. 162<br/>* Dismissal based on the requirements of the undertaking: art. 162 LC.<br/>* Dismissal without cause in the cases established in article 161 (desahucio): art. 161 LC. N N N N However, judicial authorization is required when the employer intends to dismiss workers who benefit from the &quot;fuero laboral&quot; (art. 174 LC - see special protection) N N
2017 Chine Chine Asie
u00e9crite
u00e9crite Art. 40 ECL. Y
Y Art. 40 ECL. N N Y
Y Art. 43 ECL. N N N N However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union&apos;s opinion and notify it in writing on how it handled the matter.
2019 Chypre Chypre Europe
u00e9crite
u00e9crite Article 9, paragraph 5, of TEA. Y
Y Article 11 TEA<br/><br/>11.-(1) An employer who gives a warning to an employee has the right to claim rather than the employer as they accept payment instead of notice. This payment shall be calculated in accordance with the provisions of the Third Board:<br/>It shall be understood that where an employer exercises his right under this subparagraph, the employee shall, for the purposes of Parts II and IV, be regarded as employed until the expiry of the notice period which he would have received if he had not received payment instead.<br/><br/>If the worker accepts a new position in the course of the prior notice, the payment would be limited according to when a new employment contract starts.<br/> N N N N N N N N
2019 Colombie Colombie Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Article 66 of Labour Code provides that the party that unilaterally terminates the employment contract must state to the other at the time of termination the cause or motive that motivates it to make that determination, except in the event that there is a reservation clause. N N N N N N N N The only situtions in which is necessary an approval of a Labour Judge for a dismissal are the ones concerning the workers who enjoy special protection. N N
2019 Comores Comores Afrique
u00e9crite
u00e9crite Article 48 of the Labour Code [Note: the article number has changed in the new LC (former art. 50, now art. 48), but its content has remained unchanged]. Y
Y Article 52 of the Labour Code (former art. 54). [Note: article 52 of the new LC now explicitly uses the term &quot;compensation in lieu of notice&quot; to refer to such payment]. N N However, any dismissal of a worker&apos;s representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]). N N N N However, any dismissal of a worker&apos;s representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]). N N
2019 Congo, République démocratique Congo, République démocratique Afrique
u00e9crite
u00e9crite Art. 76 LC. Y
Y Art. 63 LC. Y
Y The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).<br/><b>New in April 2010</b>:<br/>However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker. N N Except in case of economic dismissals (art. 78 LC). N N N N
2019 Corée, République de Corée, République de Asie
u00e9crite
u00e9crite Art. 27 LSA Y
Y Art. 26 LSA N N N N Except in case of dismissal for managerial reasons: art. 24 LSA. N N N N
2019 Costa Rica Costa Rica Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Although the law does not provide a statutory form of communication of the termination, article 35 provides that, if requested by the worker, a written declaration shall be provided, containing information related to the duration of the contract, type of work, performance and reasons for termination.<br/>However, if the termination happened due to disciplinary reasons, the mentioned written communication is mandatory. Y
Y Article 28 of Labour Code provides that in case the prior notice cannot be given in working days, it will be compensated with respective salary. N N N N N N In the private employment regime, due process is not required before dismissal. Only in the case of workers with special protection is it necessary to process and obtain judicial or administrative authorization prior to applying the disciplinary dismissal (art. 540 Labour Code after the 2016 Reform) N N There is no legal norm, but it can be regulated by collective bargaining agreement
2019 Côte d'Ivoire Côte d'Ivoire Afrique
u00e9crite
u00e9crite Art. 18.4 LC. Y
Y L&apos;article 18.7 du Code du travail dispose que &quot;toute rupture de contrat u00e0 duru00e9e indu00e9terminu00e9e, sans pru00e9avis ou sans que le du00e9lai de pru00e9avis ait u00e9tu00e9 intu00e9gralement observu00e9, emporte obligation, pour la partie responsable, de verser u00e0 l&apos;autre une indemnitu00e9 dont le montant correspond u00e0 la ru00e9munu00e9ration et aux avantages de toute nature dont aurait bu00e9nu00e9ficiu00e9 le travailleur durant le du00e9lai de pru00e9avis qui n&apos;a pas u00e9tu00e9 effectivement respectu00e9. (...)&quot;. N N Sauf dans le cas du licenciement d&apos;un du00e9lu00e9guu00e9 du personnel (Art. 61.8 LC) ou dans le cas d&apos;un licenciement pour motif u00e9conomique de plus d&apos;un travailleur (art. 18.11 et seq. LC).<br/>_____________<br/>In English:<br/>Except in the case of a dismissal of a workers&apos; representative (Art. 61.8 LC) or in the case of a dismissal for economic reason of more than one worker (Art. 18.11 et seq. LC). N N Sauf dans le cas d&apos;un licenciement pour motif u00e9conomique de plus d&apos;un travailleur (art. 18.11 et seq. LC).<br/>_____________<br/>In English:<br/>Except in the case of a dismissal for economic reason of more than one worker (Art. 18.11 et seq. LC). N N Sauf dans le cas du licenciement d&apos;un du00e9lu00e9guu00e9 du personnel (Art. 61.8 LC).<br/>_____________<br/>In English:<br/>Except in the case of a dismissal of a workers&apos; representative (Art. 61.8 LC). N N
2019 Cuba Cuba The new Labour Code excluded the provisions concerning prior notice for dismissals by employer´s initiative, except for the cases concerning fixed-term contracts in the situation of termination before the agreed term. Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise N N N N N N The only provision concerning communication of dismissals to workersu00b4representatives is related to redundancy. Article 56 of Labour Code provides that the employer, from the corresponding authorization, is obliged to previously inform the trade union organization at its level and the workers, about the application of the redundancy process (redundancy), its organization and control. N N N N
2017 Danemark Danemark With regards to blue-collar workers, the notice period is not provided in the law but in individual or collective agreements. Europe
u00e9crite
u00e9crite Sec. 2 (7) ESEA. N N N N N N N N N N
2017 Egypte Egypte - Under the LL, as amended in 2008, there is a special procedure for dismissal on disciplinary grounds. <br/>Where a worker is accused of an offence for which the appropriate disciplinary penalty is dismissal, the employer must, before deciding to dismiss him/her, submit a request to do so to the Labour Court which can either grant authorization or refuse the dismissal. The decision shall be taken within 15 days. (art. 68, 69, 71 LL as amended in 2008).<br/>- This procedure is not applicable to a dismissal based on the worker&apos;s inefficiency which is governed by specific regulations (see art. 110 LL)<br/> Afrique
u00e9crite
u00e9crite Art. 110 LL. Y
Y See art. 118 LL. N N N N Y
Y Before dismissing a worker on disciplinary grounds (listed in art. 69 LL), the employer needs to submit a request to the Labour Court which shall decide on the worker&apos;s dismissal within 15 days from the date of the first session (art. 71 LL, as amended in 2008). [Note that prior to the adoption on the 2008 amendment, the decision to dismiss a worker as a sanction for serious misconduct was not taken by the Labour Court but a special committee established by the 2003 LL for these purposes and which consisted on two judges, the head of the concerned Directorate of Manpower or his/her representative, a representative of the Federation of Egyptian Trade Unions; and a member of a concerned employers&apos; organisation).<br/><br/> N N
2019 El Salvador El Salvador There are no statutory notice periods to be observed in the event of dismissal. Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Art. 55 LC: The dismissal must be communicated to the worker by the employer or by his/her representatives, otherwise it is considered null and void, except when a written letter of dismissal signed by the employer or his/her representatives is delivered to the employee.<br/><br/>However, note art. 60. At the end of any contract, whatever the cause that motivated its termination, the employer must give written notice to the employee expressing: 1) starting and termination date of its work 2) type of work undertaken 3) last salary earned. <br/>If the worker demands so, it can also include: 4) description of the worker’s efficiency and behaviour 5) reason of termination of contract. <br/>Note that: it is not the official notification of the worker’s dismissal, it is rather a complementary document to the end of the contract.<br/> N N N N N N N N However, prior authorization from the competent jurisdictional authority is required for the dismissal of a worker covered by trade union immunity (art. 248 LC and 47 of the Constitution). N N
2013 Emirats Arabes Unis Emirats Arabes Unis Etats arabes
u00e9crite
u00e9crite Art. 117 FLLR. Y
Y Art. 119 FLLR. N N Notification is however required in the event of a dismissal of national employees (which only account for a small percentage of the workforce in the private sector). Under art.1.3 of the Ministerial Resolution No. 176 of 2009 &quot;Restricting the Dismissal of UAE National Employees&quot;, the dismissal of a UAE national in unlawful if the employer failed to inform the Ministry of Labour at least 30 days prior to the dismissal or fails to comply with the Ministry&apos;s instructions within the designated times. N N N N N N
2019 Equateur Equateur No statutory provisions for prior notice for individual dismissals. Article 193 of Labour Code, however, provides that a 30 days prior notice must be given in cases of dismissals due to business closing.<br/>As well, article 184 (2) provides that in fixed-term contracts, the duration of which may not exceed two non-renewable years, its termination must be notified at least thirty days in advance, and if it does not do so, it will become an indefinite-time contract.<br/>Regardless the existence of statutory provisions on notice periods, the article 184 of Labour Code determines the payment of 25% of desahucio (eviction) bonus, for each year of lenght of service, in case of an unfair dismissal. Amériques
u00e9crite
u00e9crite According to article 184 (desahucio) of Labour Code, each party who decides to terminate the employment contract, must request that the Labour Inspector notify the other party about the intentions. Y
Y No statutory provisions for prior notice for individual dismissals, however the article 184 of Labour Code determines the payment of 25% of desahucio (eviction) bonus, for each year of lenght of service, in case of an unfair dismissal. Y
Y In cases involving dismissals for misconduct or just cause, the employer must seek approval by the Labour Inspector.<br/>Article 188 provides that when the employer leaves a written record of its willingness to unilaterally terminate an individual employment contract, that is, without just cause, the labor authority that is aware of the dismissal, will order the employer to appear, and to ratify this in fact, In the next forty-eight hours, he must deposit the total amount corresponding to the dismissed worker for compensation.<br/>If the employer in the indicated appearance is not ratified in the constant dismissal in the pertinent writing, alleging for the effect that the writing in which the dismissal appears is not his or that of representatives of the company with the capacity to terminate the labor relations , the immediate reinstatement of the worker to his work will be arranged. N N Y
Y The employer that desires to dismiss a worker for any of the reasons established by article 172 of Labour Code must file a request before the Labour Inspector., who will will qualify the request for prior approval and notify the worker, who may oppose to the request formally. The Labour Inspector might determine an investigation at the workplace, after which the final resolution, granting or rejecting, the prior approval (u201cvisto buenou201d) will be issued (articles 172, 545 (5), 621 and 622 Labour Code). Upon request of the employer, the Labour Inspector may determine the temporary suspension of the employment contract for one month while the procedures take place, since the amount related to the respective salary is deposited. If the Labour Inspector decides to reject the prior approval, the deposit shall be reverted in benefit of the worker, who might also be reinstated or be entitled to the payment of indemnities corresponding to unfair dismissal (u201cdespido intempestivou201d). N N
2019 Espagne Espagne Europe
u00e9crite
u00e9crite - Dismissal based on objective reasons: art. 53(1)a) ET.<br/>- Disciplinary dismissal: art. 55(1) ET. Y
Y As a result of law 35/2010, if the employer fails to observe the notice requirements, he or she shall be liable to pay compensation in an amount equivalent to the period of notice that was not given (art. 53(4) ET). N N N N No general obligation to notify the worker&apos;s representatives in the event of dismissal.<br/>However, notification is required in the following cases:<br/>- In the event of objective dismissal based on technical, organizational, economic or production-related grounds which is not part of a pattern of collective dismissal, copy of the notice of dismissal shall be given to the worker&apos;s representatives (art. 53(1)c) ET).<br/>- Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above &quot;worker&apos;s enjoying special protection&quot;)<br/> N N N N
2017 Estonie Estonie Europe
u00e9crite
u00e9crite Art. 95(1) ECA. Y
Y Art. 100(5) If an employer or an employee gives advance notice of cancellation later than provided by law or a collective agreement, the employee or the employer has the right to receive compensation to the extent to which they would have had the right to obtain upon following the term of advance notice. N N N N No general obligation to notify the employees&apos; representatives except if the employer intends to dismiss an employee&apos;s representative. Art. 94 ECA provides that before terminating an employment contract with the employees&apos; representative, an employer must seek the opinions of the trade union or the employees who elected him/her the person to represent them or the trade reasonably union. The employer is required to take that opinion reasonably into account and to provide justification if he/she disregards the employees&apos; opinion. N N N N
2017 Etats-Unis Etats-Unis Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise As a general matter, there is no legislative requirement for notice of any kind when an employer dismisses an individual employee. Such notice requirements may be incorporated into a private contract of employment or a collective-bargaining agreement for employees represented by a union. N N N N N N N N N N
2013 Ethiopie Ethiopie Afrique
u00e9crite
u00e9crite Art. 34 (1) LP. Y
Y See art. 44 (under the section concerning &quot;Effects of the unlawful termination of contract of employment): non-compliance by the employer with the notice requirements shall only result in the payment by the employer of wages in lieu of the notice period. N N N N N N N N
2019 Finlande Finlande Europe
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Sec. 4, chap. 9, ECA: A notice on termination of an employment contract shall be delivered to the employer or its representative, or to the employee, in person. If this is not possible, the notice may be delivered by letter or electronically.<br/><b>However, if so requested by the employee</b>, the employer <b>must notify the employee without delay in writing of the date of termination</b> of the employment contract and of the grounds for termination or cancellation known by the employer to have caused the termination (sec. 5, chap.9 ECA). Y
Y Sec. 4, chap. 6, ECA. N N Section 3a has been repealed by Act 204/2017.<br/><br/>See also sec. 48 of the ACU, applicable only to undertakings employing at least 20 workers: When the employer proposes measures that may lead to termination (on economic grounds), he or she should also inform the employment office. N N However, according to the Act on Co-operation within Undertakings (2007), notification to worker&apos;s representatives and negotiation are compulsory when the dismissal affects a single worker provided such dismissal is based on financial and productive grounds, and the undertakings employs at least 20 workers. (see sec. 44-53 ACU) N N N N
2019 France France Europe
u00e9crite
u00e9crite Letter of notification: art. L 1232-6 LC.<br/>(Mandatory oral interview prior to written notification, during which the employee may be assisted by an adviser: art. L 1232-2 and L 1232-4 LC.)<br/> Y
Y Art. 1234-5 LC (not due in case of serious misconduct) N N N N N N N N
2019 Gabon Gabon Afrique
u00e9crite
u00e9crite Art. 51 LC, as amended in 2010 by Order No. 018/PR/2010: written notification to attend an oral interview.<br/>Art. 53 LC: dismissal letter. Y
Y Art. 69 LC. N N Except for any:<br/>* Individual dismissal based on economic grounds: Art. 56 LC; <br/>* Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;<br/>* Dismissal of a workers&apos; representative: Art. 294 LC. N N However, such notification is mandatory in case of any individual dismissal based on economic grounds: Art. 59 LC. N N However, approval by the administration is required for any:<br/>* Individual dismissal based on economic grounds: Art. 56 LC; <br/>* Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;<br/>* Dismissal of a workers&apos; representative: Art. 294 LC. N N
2019 Géorgie Géorgie On the basis of Article 38 (2) LC referred to above, the notice period could also be as follows:<br/><br/>tenure &#8805; 6 months<br/><b>3 day(s).</b><br/>tenure &#8805; 9 months<br/><b>3 day(s).</b><br/>tenure &#8805; 2 years<br/><b>3 day(s).</b><br/>tenure &#8805; 4 years<br/><b>3 day(s).</b><br/>tenure &#8805; 5 years<br/><b>3 day(s).</b><br/>tenure &#8805; 10 years<br/><b>3 day(s).</b><br/>tenure &#8805; 20 years<br/><b>3 day(s).</b> Europe
u00e9crite
u00e9crite Article 38(1) LC: When terminating a labour agreement on any of the grounds under Article 37(1)(a, f, i, n) of this Law, employers shall be obliged to notify employees about it in writing at least 30 calendar days in advance. (...)<br/>The LC requires that notification shall be made in <b> written form </b> where an employee is dismissed based on: i) economic circumstances, technological, or organizational changes making it necessary to reduce workforce; ii) incapacity of an employee to occupy his/her position due to lack of qualification, professional skills and experience; iii) employee’s long-term disability;<b> iv) other objective circumstances justifying termination of the employment contact.</b> Y
Y Note that the official Georgian text of Articles 38(1) and 38(2) LC use the term u201ccompensationu201d (ot u201cseverance pay)u201d as used in the official English translation. <br/>Hence, under Article 38(2), it is an option for the employer to dismiss the employee with 3-days advance notice and in that case, it shall pay 2 months compensation. It is understood that out of this 2-months compensation, one month salary amount is considered as the severance pay compensation (payable under Article 38(1) LC), and another one month salary amount should be qualified as payment made in lieu of one month notification. N N N N N N N N
2020 Ghana Ghana Afrique
u00e9crite
u00e9crite Art. 17(3) LA: Notice of termination must be in writing. Y
Y Art. 18 (4) LA: Notwithstanding section 17(1), either party to a contract of employment may terminate the contract without notice if that party pays to the other party a sum equal to the amount of remuneration which would have accrued to the worker during the period of the notice. N N N N N N N N
2019 Grèce Grèce Europe
u00e9crite
u00e9crite Art. 1 Act 2112/1920<br/><br/><br/> Y
Y Act No. 2112/1920, art. 3. Y
Y The employer has the obligation to inform the OAED (Greek Manpower Employment Organization) within 8 days from the date of the dismissal (art. 9 Act No. 3198/1955). N N N N Except for workers enjoying a special protection. N N
2019 Guatemala Guatemala Notice period associated with the dismissal of the worker is not regulated.<br/>The only existing regulation is in relation to the notice period that the worker who wishes to terminate the contract without just cause once the trial period has elapsed must give to the employer. This written notice period due to the worker’s resignation is not subject to be compensated and it will depend upon the worker´s seniority (Art. 83 Labour Code).<br/> Amériques
u00e9crite
u00e9crite Article 78 of Labour Code provides that the termination of the employment contract in accordance with one or more of the causes listed in Article 77, takes effect as soon as the employer communicates it in writing to the worker indicating the cause of the dismissal and the worker effectively ceases working. The worker has the right to challenge the dismissal before Labor and Social Security Courts.<br/><br/>Article 87 of Labour Code provides that at the expiration of all employment contracts, for whatever reason it terminates, the employer must give the worker a document that expresses only:<br/>a) The date of their entry and exit;<br/>b) The type of work performed; and<br/>c) The ordinary and extraordinary salary accrued during the last payment period.<br/>If the worker wishes, the certi&#64257;cate must also determine:<br/>a) The way it worked; and<br/>b) The cause or causes of the termination of the contract.<br/><br/> N N Notice period associated with the dismissal of the worker is not regulated N N N N N N In the private employment regime, due process is not required before dismissal. Only in the case of workers with special protection is it necessary to process and obtain judicial or administrative authorization prior to applying the disciplinary dismissal N N
2019 Honduras Honduras Amériques
u00e9crite
u00e9crite Article 117 of Labour Code provides the party who decides unilaterally to put an end to the employment contract must give the notice in writing, personally to the other party, but if the contract is verbal, it can be donw in the presence of two witnesses, with an expression of the cause or motive that motivates it to make that determination.<br/> <br/><br/> Y
Y Article 118 of Labour Code provides that the worker who did not give prior notice, or comply with the legal requirements, will be obliged to pay the employer an amount equivalent to half the salary that corresponds to the end of the notice. In the event that the employer does not comply with the law requirements, the worker is entitled to an amount equivalent to the respective salary during the period of notice.<br/><br/> N N N N N N Except in the event of a dismissal of a protected worker (pregnant women and members of the board of directors of a trade union) whose dismissal must be authorized by a labour judge and/or the labour inspector (see arts. 124, 144, 145, 516 LC). N N
2019 Hongrie Hongrie Europe
u00e9crite
u00e9crite •Sec. 22(3) of the LC N N N N N N See above: protection of workers representatives against dismissals. N N N N See above: protection of workers representatives against dismissals.
2019 Inde Inde Asie
u00e9crite
u00e9crite Sec. 13 MOS<br/>Also IDA – section 25F (chapter V-A) and 25N (chapter V-B) Y
Y Sec. 13(1) MSO provides for the one month&apos;s pay in lieu for the monthly rated worker and two month&apos;s pay in lieu for other workers under the permanent contract. Workers under fixed term contract, probationary period or badli are not entitled to pay in lieu (sec. 13(2) MSO) N N N N Y
Y Sec. 25N IDA (applicable only to industries with 100 or more workers) prescribes for the prior permission of the appropriate Government in case of the retrenchment of the worker who has been in continuous service with the employer for not less than one year. N N
2019 Indonésie Indonésie The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement. Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Before terminating the employment relationship, an employer is required to negotiate with the workers&apos; organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.<br/>Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase N N N N Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase. Y
Y Art. 151(2) requires that termination be negotiated.<br/>Negotiation will involve the worker&apos;s representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer. Y
Y Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase. N N Art. 151(2) requires that termination be negotiated.<br/>Negotiation will involve the worker&apos;s representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.
2010 Iran, République islamique d' Iran, République islamique d' Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise No specific form prescribed in the LC.<br/>Note however that termination of employment for continued violations of disciplinary rules requires previous written warnings (sec. 27 LC). N N N N However, notification to the Ministry of Labour is compulsory in the event of a dismissal of a foreign worker, see sec. 125 LC:<br/>&quot;Sec. 125. Where, whatever the circumstances, an employment relationship between a foreign citizen and an employer is terminated, the employer shall notify the Ministry of Labour and Social Affairs thereof within 15 days. The foreign citizen shall surrender his work permit to the said Ministry against a receipt within 15 days. If necessary, the Ministry shall request the appropriate authorities to expel the foreign citizen from the country.&quot; Y
Y N N No general obligation to obtain the prior approval of the administration.<br/>However, the dismissal of an employee on the ground of continuous violations of the disciplinary rules or for negligence in performing his/her duties requires the assenting opinion of the Board of Inquiry and in units not covered by the Islamic Labour Council Act, or where no Islamic Labour Council or Guild Society has been set up or where there is no workers&apos; representative.<br/>Note that Islamic Labour Council must be established in workplaces engaged in production, industries, agriculture and services having over 35 permanent employees. <br/>&quot;The Board of Inquiry is composed of:<br/> * (1) one representative of the Ministry of Labour and Social Affairs;<br/> * (2) one representative of the workers to be selected and appointed by the Provincial Coordination Council of the Islamic Labour Councils;<br/> * (3) one representative of the managers of industries, to be selected by the Provincial Centre of Employers&apos; Guild Societies. (sec. 158 LC)&quot;<br/>Therefore, in cases where disciplinary dismissals are subject to the approval of the Board of Inquiry, the administration plays a role in authorizing the dismissal through the participation of one representative of the Ministry of Labour and Social Affairs in the Board. Y
Y Termination on the ground of continued violations of disciplinary rules ground or for negligent performance requires the agreement of the Islamic Labour Council or the Guild Society. In units not covered by the Islamic Labour Council Act, or where no Islamic Labour Council or Guild Society has been set up or where there is no workers&apos; representative, the termination of an employment contract shall be subject to the agreement of the Board of Inquiry (sec. 27 LC)<br/>Note that Islamic Labour Councils must be established in workplaces engaged in production, industries, agriculture and services having more than 35 permanent employees.
2019 Italie Italie Europe
u00e9crite
u00e9crite Article 2 of Law 604 of 1966 as amended by Article 1(37) of Law No. 92 of 2012.<br/>An employer has to serve the dismissal in writing to the relevant employee, outlining the reasons grounding the dismissal. Y
Y Article 2118 CC provides that an indemnity in lieu of notice is due when the employee does not work during the notice period. Y
Y For those <b>employees hired prior to 7 March 2015 and subject to Article 18 of the Workersu2019 Statute:</b><br/>pursuant to Article 7 of Law 604 of 1966, as amended by Article 1(40) of Law No. 92 of 2012, employers having more than 15 employees in the same work unit or borough (comune), or more than 60 overall, have to notify public bodies (Direzione Territoriale del Lavoro) when a dismissal for justified objective reason is envisaged, in order to attempt an amicable settlement between the parties. This does not apply to dismissal connected to absence for work because of illness or injury or to other similar cases.<br/>For those <b>employees hired as of 7 March 2015 and subject to Legislative Decree No. 23 of 2015 (so-called u2018Jobs Actu2019):</b><br/>an employer does not need to notify the public administration: notice to the workers to be dismissed is sufficient. N N N N N N
2019 Japon Japon Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Y
Y Sec. 20(1) of LSA. N N However, the answer should be &quot;yes&quot; for foreign workers:<br/>Notification to public administration is not required for individual dismissals in principle. However, sec. 28 of the Act on Comprehensive Promotion of Labour Policies requires an employer who employs a foreign worker to notify the local public employment office in cases of his/her separation from the job (sec. 28(1)) using a model notification form issued by the Ministry of Health, Labour and Welfare. <br/>Upon receipt of the form, the Government, through local employment offices, shall endeavour to promote the improvement of employment management and re-employment of the foreign workers concerned through guidance, advisory, employment placement, and skills development services targeted both employers and workers (sec. 28(2)). <br/>Sec. 6 of the Notification No. 276 of the Ministry of Health, Labour and Welfare details measures to be taken by employers of foreign workers in order to prevent dismissals and, in case of dismissals, to endeavour to provide necessary assistance to enable foreign workers to be re-employed, in coordination with local public employment offices. N N There is no statutory provision requiring employersu2019 notification to workersu2019 representatives. <br/>However, sec. 89 of LSA requires employers who continuously employ 10 or more workers to draw up work rules covering, among other, matters pertaining to termination of employment including grounds for dismissal and if disciplinary measures are set up and matters pertaining to their nature and limits, and to submit those work rules to the relevant government agency (local labour inspectorate). <br/>Sec. 90 of LSA requires employers, in drawing up or changing the rules of employment, to consult with and seek opinions of either a labour union organized by a majority of the workers at the workplace concerned (in cases where such labour union exists), or a person representing a majority of the workers (in cases where such union does not exist). Prior consultation may be included in a collective agreement or work rules which then bind the parties to notify workersu2019 representatives/unions. <br/>Moreover, sec. 2 of Act on Promoting the Resolution of Individual Labour-Related Disputes provides that if an individual labour-related dispute arises, the parties to said individual labour-related dispute shall endeavour promptly and in good faith to achieve a voluntary resolution. N N Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the relevant local labour inspectorates (sec. 20 (3) of LSA).<br/> N N
2019 Jordanie Jordanie Etats arabes
u00e9crite
u00e9crite Art. 23 A) LL: &quot;If one of the parties has intended to terminate the unlimited period work contract, then he shall notify the other party in writing of his intention of terminating the contract before one month at least, the notification shall not be cancelled except by the approval of both parties.&quot; Y
Y Art. 23 C) LL: &quot;If the notification was provided by the employer, then the employer may exempt the employee from working during the period of notification [...] the employee shall be entitled to his/her wage for the period of notification in all such cases.&quot; N N N N N N N N
2019 Kazakhstan Kazakhstan Europe
u00e9crite
u00e9crite Art. 53 of the Labour Code N N Art. 53 of the Labour Code states that with the written consent of the worker the termination can be made effective before the expiration of the notice period.<br/><br/>Again not applicable to all situations (see above &apos;notice period&apos;). N N N N Update as of 2016: Article 18 (2) of the Trade Union Law provides that the trade union can submit an opinion regarding the termination of the contract of its members. N N N N
2019 Kirghizistan Kirghizistan Europe
u00e9crite
u00e9crite Art. 85 LC Y
Y Art. 85 LC N N Art. 85 LC N N N N Art. 85 LC N N Art. 84 LC: The employer is not entitled to dismiss any workers&apos; representative without prior approval by the relevant body representing workers of the enterprise.
2019 Lesotho Lesotho Afrique
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Art. 65 LC: notice to terminate a contract may be either oral or written.<br/><br/>(See also art. 69 LC: The employer shall provide a written statement of the reason for dismissal either before dismissal, at the time of dismissal or within four weeks of the dismissal having taken effect).<br/> Y
Y Art. 64 LC N N N N N N N N
2019 Luxembourg Luxembourg Europe
u00e9crite
u00e9crite See art. L 124-3 LC<br/>No legal requirement for employers with fewer than 150 employees to hold an interview with the employee before dismissal.<br/>Specific article concerning employers having at least 150 employees: art. L 124-2 LC.<br/>________<br/>Art. L. 124-3 du Code du travail:<br/>(1) L’employeur qui décide de licencier doit, sous peine d’irrégularité pour vice de forme, notifier le licenciement au salarié par lettre recommandée à la poste. Toutefois, la signature apposée par le salarié sur le double de la lettre de licenciement vaut accusé de réception de la notification.<br/>Art. L. 124-2 du Code du travail (tel qu&apos;amendé par la loi du 23 juillet 2015):<br/>(1) Lorsque l’employeur qui occupe cent cinquante salariés au moins envisage de licencier un salarié, il doit, avant toute décision, convoquer l’intéressé par lettre recommandée ou par écrit dûment certifié par un récépissé en lui indiquant l’objet de la convocation ainsi que la date, l’heure et le lieu de l’entretien. Copie de la lettre de convocation doit être adressée à la délégation du personnel. La lettre ou l’écrit de convocation à l’entretien préalable doivent informer le salarié qu’il a le droit de se faire assister lors de l’entretien préalable par un salarié de son choix appartenant au personnel de l’entreprise ou par un représentant d’une organisation syndicale représentative sur le plan national représentée au sein de la délégation du personnel de l’établissement. (...)<br/>(2) Au cours de l’entretien, l’employeur ou son représentant est tenu d’indiquer le ou les motifs de la décision envisagée et de recueillir les explications du salarié ainsi que les observations de la personne qui l’assiste. (...) Y
Y Art. L. 124-6 LC:<br/>La partie qui ru00e9silie le contrat u00e0 duru00e9e indu00e9terminu00e9e sans y u00eatre autorisu00e9e par lu2019article L. 124-10 ou sans respecter les du00e9lais de pru00e9avis visu00e9s aux articles L. 124-4 et L. 124-5 est tenue de payer u00e0 lu2019autre partie une <b>indemnitu00e9 compensatoire de pru00e9avis</b> u00e9gale au salaire correspondant u00e0 la duru00e9e du pru00e9avis ou, le cas u00e9chu00e9ant, u00e0 la partie de ce du00e9lai restant u00e0 courir. N N N N N N N N
2017 Macédoine du Nord Macédoine du Nord Europe
u00e9crite
u00e9crite Art. 74(1) LRA. See also art. 85 LRA. Y
Y The employer and the employee may agree on the payment of a lump sum instead of observing the notice period. N N N N However, such notification is required in order to dismiss a trade union representative (art. 200(3) LRA). N N N N No general approval required. However, in order to dismiss a trade union representative, the employer shall first obtain the prior approval of the trade union. In case the trade union does not approve the dismissal, such approval can be obtained through a court decision (art. 200 LRA).
2019 Madagascar Madagascar Afrique
u00e9crite
u00e9crite Art. 21 LC and Art. 4 of Decree No 2007-009 of 9 January 2007 establishing the conditions and the duration of the notice period to be observed when terminating an employment contract of indefinite duration. Y
Y Art. 18 LC and Art. 9 Decree No 2007-009 of 9 January 2007 establishing the conditions and the duration of the notice period to be observed when terminating an employment contract of indefinite duration. N N However, when an employer intends to dismiss a workers&apos; representative, a trade union officer or a member of the works council, he or she shall obtain the authorization to do so from the Labour Inspector (see Arts. 152, 156 and 165 LC). N N N N However, when an employer intends to dismiss a workers&apos; representative, a trade union officer or a member of the works council, he or she shall obtain the authorization to do so from the Labour Inspector (see Arts. 152, 156 and 165 LC). N N
2018 Malaisie Malaisie Asie
u00e9crite
u00e9crite Sec. 12 (4) EA. Y
Y Sec. 13 (1) EA. N N N N N N N N
2019 Malawi Malawi Afrique
u00e9crite
u00e9crite Art. 29(1) EA Y
Y Art. 30 (2) EA N N N N N N N N
2019 Maroc Maroc Afrique
u00e9crite
u00e9crite * Disciplinary dismissal, mandatory procedural requirements:<br/>Prior oral interview with possible representation by a workers&apos; representative followed by a written decision: Art. 62 and 63 LC<br/>*Art. 44 LC applicable to any dismissal. Y
Y Art. 51 LC Y
Y Disciplinary dismissals: Art. 64 LC.<br/>Individual economic dismissals: Art. 67 LC.<br/> N N Except in case of an individual economic dismissal: Art. 66 LC. N N Except in case of individual dismissal on economic grounds (Art. 67 LC) and dismissal of worker&apos;s representatives (Art. 457 LC). N N
2019 Mexique Mexique Amériques
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u00e9crite Art. 47 FLA: written notification clearly stating the conduct –or conducts- motivating the dismissal, and the date or dates when such conduct happened. The written notification shall be delivered to the employee in person at the time of the dismissal or shall be communicated to the corresponding Tribunal within the next five working days. To this end, the employer shall provide the last registered residence address of the employee, so the authority can personally notify the employee.<br/>The statute of limitations to file any legal actions deriving from a dismissal will only start running until the worker receives personally the notification.<br/>The failure to notify the worker personally or through the Tribunal, presumes the dismissal as unjustified, unless evidence to the contrary is provided. N N N N N N N N N N
2017 Moldova, République de Moldova, République de Europe
u00e9crite
u00e9crite Art. 184 LC N N N N N N Except in case of dismissal of a trade union member or representatives (art. 87 LC). N N N N Except for:<br/>* a dismissal of trade union members on certain grounds,<br/>* any dismissal of trade union representatives (art 87 LC).
2017 Mongolie Mongolie Asie
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u00e9crite This can be inferred from art. 43.3 LC: the employer shall provide the dismissed employee with the dismissal decision. N N N N N N N N N N
2020 Montenegro Montenegro Europe
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u00e9crite See articles 174 and 175 of New Labour Act above. Y
Y Article 177 provides that the employee has the right and duty to remain at work for at least 30 days from the day of delivery of the termination of the employment contract, ie the decision on termination of employment (notice period), except for terminations occurred due to serious breach of employment in accordance with the collective agreement. Paragraph 3 provides that an employee may, if agreed with the employer, cease to work before the expiration of the time for which he is obliged to remain at work, provided that during that time he is provided with salary compensation in the amount determined by the collective agreement and employment contract.<br/> N N Y
Y Although individual dismissal itself does not require notification to workersu00b4representatives, Article 168 (3) of the New Labour Act provides that If the employer determines that the need for work of employees in the number less than the number determined in Article 167 paragraph 1 of this Law will cease, those employees and the trade union with the employer shall be notified in writing, no later than five days before the decision on termination of employment . N N N N
2019 Mozambique Mozambique Afrique
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u00e9crite Article 131 (1) of Labour Act provides that in the event of termination of the employment contract, the employer shall be obliged to communicate in writing to each worker covered, the trade union body or, failing that, the workers&apos; committee or association union representative and the local labour administration body.<br/> Y
Y Article 131 of Labour Act provides that:<br/>1. In the event of termination of the employment contract, the employer shall be obliged to communicate in writing to each<br/>worker covered, the trade union body or, failing that, the workers&apos; committee or association union representative and the local labour administration body.<br/>2. The communications referred to in the preceding paragraph shall be made, in relation to the date set for the termination of employment at least 30 days in advance.<br/><br/>However, the pay in lieu of notice is presumed in case of non-compliance with paragraph 2, but there is no specific provision about that. Y
Y Article 131 (3) of Labour Act provides that during the period of notice, the employer is specifically obliged to provide clarifications and to provide the elements requested by the Labour Inspectorate. Y
Y Article 131 (1) of Labour Act above. N N N N
2019 Namibie Namibie Afrique
u00e9crite
u00e9crite Sec. 30(3) LA provides that notice of termination must be given in writing, stating the reasons for termination, if the termination is by the employer, and the date on which the notice is given, which may be: <br/>(a) on any working day in respect of an employee who has been employed for four weeks or less <br/>(b) on or before the last working day of the week in respect of an employee has been employed for more than four weeks but less than a year; and <br/>(c) on the first or the 15th of the month in respect of an employee who has been employed for over a year. Y
Y Sec. 31(1) LA provides that instead of giving an employee notice in terms of section 30, an employer may pay the employee the remuneration the employee would have received, if the employee had worked during the period of notice. N N Except in the event of redundancy (see under &quot;Collective dismissals for economic reasons&quot;): art. 34 LA. N N Except in the event of redundancy (see under &quot;Collective dismissals for economic reasons&quot;): art. 34 LA. N N N N
2019 Nicaragua Nicaragua There are no statutory provisions concerning notice periods in the Labour Code. Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise N N Y
Y It is necessary to notify and receive the approval of the Ministry of Labour in cases involving disciplinary dismissals (Article 48 of Labour Code), particularly concerning workers who enjoy special protection, such as pregnant workers (article 144) and trade union members (article 231). N N Y
Y It is necessary to notify and receive the approval of the Ministry of Labour in cases involving disciplinary dismissals (Article 48 of Labour Code), particularly concerning workers who enjoy special protection, such as pregnant workers (article 144) and trade union members (article 231). N N
2019 Niger Niger Afrique
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u00e9crite See Art. 84 LC (economic dismissals) and Art. 90 (2) LC (summary dismissal). No such specific requirement for any other dismissal in the LC (except as concerns workers&apos; representatives, see above)<br/>However, Art. 28 of the 1972 Inter-occupational Collective Agreement specifically requires that notification be written. Y
Y Art. 90 LC<br/> N N Except in case of a dismissal of a workers&apos; representative (Art. 227 and 228 LC) and of an economic dismissal (Art. 80 LC).<br/> N N Except in case of an economic dismissal (Art. 80 LC).<br/> N N Except in case of a dismissal of a workers&apos; representative: Art. 227 and 228 LC. <br/>* See also: Articles 472-475 of the Implementing Decree Nu00b0 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers&apos; representatives. N N
2020 Nigéria Nigéria Afrique
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u00e9crite Sec. 11(3) LA: Any notice for a period of one week or more shall be in writing. Y
Y Sec. 11(6) LA provides for payment in lieu of notice. Subsection (9) further provides that: u201cIn the calculation of a payment in lieu of notice, only that part of the wages which a worker receives in money, exclusive of overtime and other allowances, shall be taken into account.u201d N N N N N N N N
2019 Norvège Norvège Europe
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u00e9crite Art. 15-4(1) WEA. N N However, Art. 15-5(1) WEA states that if the notice is invalid, the employee may claim compensation. N N Except for planned collective dismissals (see below). Y
Y Art. 15-1 WEA states that prior to the dismissal with notice the employer shall, to the extent that it is practically possible, discuss the matter with the employee and the employees representatives, unless the employee opposes such consultations. <br/>As a result of an amendment to art. 15-1 introduced in 2009 by Act nu00b039 of 19 June 2009 (in force since January 1st, 2010), art. 15-1 specifies that &quot;the discussions must concern both the grounds for dismissal and any selection between two or more employees regarding who is to be dismissed.&quot; N N N N
2019 Nouvelle-Zélande Nouvelle-Zélande Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.<br/>Procedural fairness is assessed by the court on a case-by-case basis. Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract. <br/>However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).<br/> N N Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract. N N N N N N N N
2019 Ouganda Ouganda Afrique
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u00e9crite Art. 58(2) EA: establishes a requirement for written notice of termination, which must be in a form and language that the employee it relates to can be reasonably expected to understand.<br/><br/>In addition, according to Art. 66 EA, the employer must conduct a preliminary hearing with the employee and another person of his or her choice before reaching a decision to dismiss that employee on the grounds of misconduct or poor performance. During, this hearing, the employer shall explain to the employee the reasons for which he or she is considering dismissing him or her. Y
Y Art. 58(5) EA. N N N N No general obligation to notify the worker&apos;s representatives. However, prior to any dismissal on the grounds of misconduct or poor performance, the employer must explain the reason for the planned dismissal to the employee, and the employee is entitled to have another person of his/her choice present during the explanation. Before reaching a decision on the dismissal, the employer must hear and consider any representation the employee and the person chosen by him/her, if any, may make (sec. 66(1) and (2) EA). N N N N
2019 Ouzbékistan Ouzbékistan Europe
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u00e9crite Art. 102 LC Y
Y According to the Art. 102 LC in cases of termination of employment by the employer the notice period can be replaced with the monetary compensation corresponding to the duration of notice, at the employer&apos;s discretion. Y
Y Art. 102 LC states that the employer is obliged to inform the local authority of labour, not later than two months before the termination, on the upcoming dismissal and to provide data of each employee, indicating his profession, qualifications and wages Y
Y Art. 101 LC N N Y
Y Art. 101 LC states that the termination of the employment contract by the employer is not allowed without the prior consent of the trade union committee or other representative body of employees, in the case when the obligation for such consent is provided by collective agreement.<br/><br/>The trade union committee or other representative body of employees must notify the employer in writing of its decision within ten days of receipt of the written submission on the intention of termination. <br/>An employer may terminate an employment contract within one month from the date of the trade union&apos;s committee or other representative&apos;s body of employees decision to consent to the termination of employment.
2019 Panama Panama As a general rule, the employer is not required to observe statutory notice period under the Panamanian labour legislation. <br/>Depending on the reasons for dismissal, before proceeding to dismissal, the employer has either the obligation to obtain authorization from the labour administration (in case of an economic dismissal) or the option of applying to the labour courts for prior authorization to dismiss when dismissal is based on any other authorized ground.<br/><br/> Amériques
u00e9crite
u00e9crite Art. 214 LC. N N Except for those workers listed in art. 212 LC to which the &quot;just cause&quot; requirement does not apply. N N Except for dismissals (individual and collective) on economic grounds: art. 215-216 LC Procedural requirements applicable to such dismissals are dealt with under the theme &quot;Procedural requirements for collective dismissals for economic reasons&quot;. N N N N Except for dismissals (individual and collective) on economic grounds: art. 216 LC Procedural requirements applicable to such dismissals are dealt with under the theme &quot;Procedural requirements for collective dismissals for economic reasons&quot;.<br/>For dismissals based on any other authorized ground, the employer has the option of applying to the labour courts for prior authorization to dismiss. Such judicial authorization is however not compulsory. N N
2019 Paraguay Paraguay Amériques
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u00e9crite According to article 93, at the termination of any employment contract, whatever the reason that motivated it, the employer must give the worker free of charge a signed certificate that only expresses: a) The date of initiation and conclusion of the work; b) The type of work performed; and, c) Salaries accrued during the last payment period. If the worker requests it, the proof must also express: a) The efficiency and behavior of the worker; and, b) The cause or causes of the termination of the contract. Y
Y According to article 90, the employer who has not given the notice or gave it without complying with the legal requirements, is obliged to pay the worker an amount equivalent to the workeru00b4s salary during the term of the notice.<br/>In the event that the worker omits this requirement, th worker must pay his employer an amount equivalent to half the salary that corresponds to the end of the notice. N N There is no obligation to notify the public administration, apart from the situations provided by the law concerning redundancies (Articles 78 (h) Labour Code). <br/>According to article 88, the prior notice might be given through the Administrative Labor Authority, but there is no obligation.<br/> N N N N According article 320, in the event of a claim regarding violation of union stability, the Judge shall order as a precautionary measure the immediate reinstatement of the leader in his previous workplace, or the reestablishment of the modified conditions, within forty-eight hours. .<br/> <br/>Moreover, according to article 321, to dismiss a worker protected by Union Stability, the employer shall previously prove the existence of just cause imputed to him, or that the invoked condition of leader, manager or candidate is false. Taking into account the seriousness of the facts imputed to the worker, the Judge may order his preventive suspension. In this case, the employer must judicially deposit the worker&apos;s salary every month until the resolution or final agreement. N N
2019 Pays-Bas Pays-Bas Europe
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Art. 7:672(1) CC: Notice of termination shall be given at the end of the month, unless another day has been designated for this purpose by written agreement or by custom (so called “aanzegdag”). Y
Y If an employee is terminated before the notice period ends, the employer must pay him or her the wage he or she would have received until the end of the notice period, Art. 7:672 (10) CC. <br/><br/>The court can decide to lower this compensation payment, if it considers this to be fair in view of the circumstances, on the understanding that the compensation may not be less than the monetary wage over the notice period referred to in Art. 7:672 (2) CC, nor less than the monetary wage for three months. Y
Y If an employer intends to dismiss an employee, (except in case of summary dismissal), he shall either first turn to the Court to obtain the judicial rescission of the contract, in case of dismissals based on the employeeu2019s conduct or capacity (Art. 7:671a CC) or to an administrative body: the UWV WERKbedrijf (former CWI) (Art. 7:671a CC), in case of economic dismissals or dismissals based on long-term sicknesses.<br/>On the procedure to be followed, see Art. 7:671a and 7:671b CC.<br/> N N Y
Y Approval by the administration is required only if the employer has to turn to the UWV WERKbedrijf (former CWI) to obtain a dismissal permit (see above, Art. 7:671a CC). On the procedure to be followed, see Art. 7:671a CC.<br/>Alternatively he must turn to the Court to obtain the judicial rescission of the contract (see Art. 7:671b CC<br/> N N
2019 Pérou Pérou Amériques
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u00e9crite Art. 32 LPCL N N N N N N N N N N
2019 Philippines Philippines Asie
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u00e9crite Art. 292 b) LC. See aslo Omnibus Implementing Rules, Rule XIV, sec. 6. (in cases of regular employment). N N N N No general obligation to notify the administration. <br/>- No notification required in the event of a dismissal for a just cause.<br/>Note: for a dismissal based on the grounds of disease, there is no mandatory notification at the time of dismissal. However, before the employer can terminate on the ground of disease, he must obtain from a competent public health authority a certification that the employeeu2019s disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (art. 299 LC; sec. 8 of Implementing Rules of Book VI, LC)).<br/> N N Art. 298 LC (former art. 283 LC):: Notice shall be served to the workers and the administration. No mention of worker&apos;s representatives. <br/><br/>However, &quot;YES&quot; for parties to a collective bargaining agreement (CBA). Although there is no provision in LC requiring notification to workersu2019 representatives, mandatory grievance machinery is applicable to parties to a collective agreement. This means that, as a first step, handling disputes must involve union shop stewards/unions.<br/>Art. 273 of LC (grievance machinery and voluntary arbitration) : It is mandatory for the parties to a collective bargaining agreement to establish a machinery for the adjustment and resolution of grievances arising from the intepretation or implementation of their collective agreement and those arising from the intepretation or enforcement of company personnel policies. <br/>Art. 267 of LC : Without undermining unionu2019s exclusive bargaining representation of the employees for the purpose of collective bargaining, and individual employee or group of employees shall have the right at any time to present grievances to the employer [...] Workers shall have the right to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect teir rights, benefits and welfare. For these purposes, workers may form labour-management councils (LMC) provided that the representatives of the workers insofar as said processes will directly affect their rights, beneftis and welfare. N N N N
2019 Pologne Pologne Europe
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u00e9crite The dismissal decision is to be delivered in writing (art.30, para.3 LC), specifying the reasons (art. 30, para. 4 LC) Y
Y Article 36.1., para. 1 LC provides that if the termination of an indefinite contract of employment is caused by declaration of the bankruptcy or liquidation of employer, or other reasons unconnected with the employees, the employer may, in order to terminate the contract of employment earlier, reduce the three months&apos; period of notice, however, to a period not shorter than one month. In such a case, the employee shall be entitled to compensation equal to the remuneration for the remaining period of notice. N N Y
Y Article 38, para. 1, LC provides that the employer&apos;s intention to terminate an indefinite time contract of employment with an employee shall be notified in writing to the establishment&apos;s trade union body representing the employee together with the declaration of reasons for termination of the contract. If the establishment&apos;s trade union body believes that the termination would be unjustified, it shall notify the employer in writing of its reasoned objections within five days after receiving the notification (Art. 38, para. 2, LC). Having examined the position of the trade union body, or if the latter does not take any position within the specified time limit, the employer shall make the decision on termination. (Art. 38, para. 5, LC)<br/><br/>In the case of the termination of employment without a notice due to the employee&apos;s fault, Art 52, para. 3, LC provides that the employer shall decide on the termination of the contract after having consulted the establishment&apos;s trade union body representing the employee concerned, which shall be notified of the reason justifying the termination of the contract. If there are objections as to the justiciability of termination, the establishment&apos;s trade union<br/>body shall state its post immediately, and in no case later than within three days. N N N N
2019 Portugal Portugal Europe
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u00e9crite Any dismissal decision shall be in writing.<br/>(see art. 357(6) LC - disciplinary dismissals, art. 378(1) LC - dismissal for unsuitability, art. 371(2) - individual redundancy, and art. 363(1) - collective dismissals) N N The LC does not allow for pay in lieu of notice in the event of an individual dismissal.<br/><br/>(Please note that for collective dismissals, art. 363(4) provides that if the employer does not comply the notice period, the employment contract will not terminate immediately but only at the expiry of the statutory notice period (as if notice requirements have been observed) and the employer has to pay compensation equal to the salary corresponding to the missing period of notice. This rule also applies to dismissal for unsuitability (art. 372 LC). Y
Y There is no general requirement to notify the administration in the event of a disciplinary dismissal (except for the dismissal of protected workers (i.e pregnant women or workers on parental leave - see above).<br/><br/>However, the administration is always notified in the event of dismissal for unsuitability of the worker or individual redundancy since a copy of the dismissal decision shall be sent to the relevant services of the Ministry of Labour (art. 378(2) and 371 (3) LC).<br/><br/>In addition, in case of individual redundancy, the administration may be involved at an earlier stage (and not only at the time of the final decision). Indeed, in the course of the consultation procedure, the workers&apos; representatives or the workers affected (and the trade union if a union member is affected by the dismissal) may, within 3 working days, after the initial communication request the intervention of the Labour inspection. If such request is made, the Labour inspection will verify compliance with the applicable statutory requirements and present a report within 7 days of the reception of the request (art. 370 (2) and (3) LC).<br/><br/> Y
Y Intervention of workers&apos; representatives is required in all types of individual dismissals.<br/><br/>- Unsuitability:<br/>Mandatory notification to the employee and the union if the employee is a union representative of the need to terminate the contact based on justified motives, the changes introduced in the workplace, the results of the training and the adaptation period. Lastly, the employer must prove that there are no other positions available in the company compatible with the employee&apos;s qualification (art. 376(1) LC). <br/><br/>As from Law 23/2012 the works council (or in its absence the inter-trade union committee) will be informed after 3 days of the notification to an employee who is not a worker representative (this communication had to be notified directly to the works council before this reform). <br/><br/>The works council (together with the employee concerned and the trade union, if applicable) has 10 days to issue a reasoned opinion (art. 377 LC).<br/><br/>Within 5 days after the 10-day period has elapsed, the employer shall issue a substantiated decision, the a copy of which shall be submitted to the employeesu00bf representatives (art. 378 LC).<br/><br/>- Disciplinary dismissal:<br/>Disciplinary dismissals are always preceded by a formal disciplinary process involving the worker&apos;s representatives. A copy of the written statement detailing the reasons for dismissal based on specific facts (statement of guilt - &quot;nota de culpa&quot;) shall be submitted to the works council, (and a trade union in case of dismissal of a trade union representative) (art. 353-2 LC) which can within 5 days, submit its (non-binding) opinion on the proposed dismissal (art. 356(5) LC). <br/>The final dismissal decision shall also be communicated to the works council (and the trade union, if applicable). (art. 357(6) LC)<br/>However, the intervention of the works council in disciplinary dismissal does is not applicable in enterprises with less than 10 workers (art. 358(1) LC)<br/><br/>- Elimination of the post (redundancy):<br/>Mandatory notification to the works council (or in its absence the inter-trade union committee) and the union if the employee is a union representative of the necessity to eliminate the position and consequently to terminate the employment contract as well as the reasons behind this decision (art. 369 LC).<br/>The workers&apos; representatives and the employee have 10 days to reply to the proposed dismissal and may within 3 days from the employer&apos;s communication request the intervention of the Labour Inspection (art. 370 LC)<br/>Five days after the 10 day period has elapsed, the employer may issue his decision in writing indicating the reasons for the elimination of the post and other elements such as the impossibility to find alternative adequate employment and proof that the selection criteria has been duly observed if objections have been made. A copy of that decision is to be sent to the employee concerned, the worker&apos;s representatives and the relevant services of the Ministry of Labour (art. 371 LC) N N N N
2013 République arabe syrienne République arabe syrienne Etats arabes
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u00e9crite Art. 56 (a) LL: Either the employer or the worker may terminate the unspecified-term contract provided they send the other party written notice prior to termination.<br/> Y
Y - Art. 56(b) LL: The party terminating the employment contract without notice or before the completion of the notice period shall pay the other party compensation equal to the wage of the worker for the whole or remaining duration of the notice period, unless the worker is dispensed from the notice period.<br/>- Art. 60 LL: Employers may dispense workers from working during the notice period and consider their service uninterrupted until the end of the notice period, with all accruing effects, in particular the amount of wages for the notice period. N N N N N N N N
2019 République centrafricaine République centrafricaine Afrique
u00e9crite
u00e9crite Art. 138 LC. Y
Y Art. 151 LC. N N Except in the event of a dismissal of a workers&apos; representative for which prior authorization of the Labour Inspector is required: Art. 89 LC. N N N N Except in the event of a dismissal of a worker&apos;s representatives for which prior authorization of the Labour Inspector is required: Art. 89 LC. N N
2019 Roumanie Roumanie Europe
u00e9crite
u00e9crite N N N N No general obligation to notify the administration.<br/>However, notification is requested in some specific cases as provided by art. 64 LC:<br/>Before carrying out a dismissal based on professional inadequacy or on mental or physical disability, the employer must offer the employee other vacant positions within the company, which are compatible with his/her professional background or, with the work capacity, as established by the occupational health doctor. <u>When no such vacancy is available, the employer must inform the competent territorial employment agency an request its support for redeploying the employee</u>. N N N N N N
2019 Royaume-Uni Royaume-Uni Europe
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise No specific form required for dismissal notification.<br/>The ERA only provides for the right to a written statement of the reasons for dismissal upon request (sec. 92). N N There is no statutory right to pay in lieu of notice. However, a pay in lieu of notice clause can be inserted in the employment contract or it may be paid to cover any potential damages for breach of contract<br/>See also sec. 88 (1) a) ERA that provides that &quot;If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working hours the employee is ready and willing to work but no work is provided for him by his employer (...) the employer is liable to pay the employee for the part of normal working hours a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week&apos;s pay by the number of normal working hours.&quot;<br/><br/> N N N N N N N N
2019 Russie, Fédération de Russie, Fédération de Europe
u00e9crite
u00e9crite Article 84-1 of the Labour Code Y
Y Article 180 of the Labour Code provides on the pay in lieu of notice in case of dismissals for economic reasons. N N N N N N N N Article 82 of the Labour Code: in case of termination of employment for economic reasons or for worker&apos;s conduct or performance, an employer cannot dismiss a worker, member of a trade union, without having taken into account the motivated opinion of the entreprise trade union.
2019 Rwanda Rwanda Afrique
u00e9crite
u00e9crite Art. 24 LL provides that a notice of termination must be given in writing to the interested concerned party and must specify the reasons for the dismissal. However, Art. 29 provides that the notice is not required if so agreed between the parties. Y
Y u2022Art. 25 provides that any contract termination without notice or without having fully observed the notice period results in the party responsible for termination paying the other party the compensation provided for by this Law. Y
Y No general obligation to notify the administration of any dismissal. This only applies in case of the dismissal of a worker for economic and technological reasons (art. 34 LL - see below under collective dismissals). N N N N N N
2017 Sainte-Lucie Sainte-Lucie Amériques
u00e9crite
u00e9crite Labour Act, section 153: (1) Where a valid reason for termination exists in accordance with this Code, a contract without reference to limit of time, except during the probationary period, may be terminated by the employer upon giving to the employee the following minimum periods of notice in <b> writing </b>-<br/>(a) one week’s notice if the period of continuous employment is more than twelve weeks but less than two years;<br/>(b) two weeks’ notice if the period of continuous employment is two years or more but less than five years;<br/>(c) four weeks’ notice if the period of continuous employment is five years or more but less than ten years; and<br/>(d) six weeks’ notice if the period of continuous employment is more than ten years.<br/> Y
Y Section 155 Labour Act: (1) In lieu of providing notice of termination, the employer may opt to pay the employee a sum equal to the employeesu2019 wages and other remuneration and confer on the employee all other benefits up to the expiry of any period of notice N N N N N N N N
2019 Sénégal Sénégal Afrique
u00e9crite
u00e9crite Art. L50 LC Y
Y Art. L53 LC N N Except in case of an individual dismissal based on economic grounds (art. L60 to L62 LC) and any dismissal of a workers&apos; representative (art. L214 LC). N N Except in case of an individual dismissal based on economic grounds: art. L60 and 62 LC. N N However, approval is mandatory prior to the dismissal of a workers&apos; representative: art. L214 LC. N N
2019 Serbie Serbie Europe
u00e9crite
u00e9crite Article 185 (1) of Labour Law: An employment contract is cancelled by a decree in writing which must include explanation of reasons and legal recourse instruction. Y
Y Article 189 (1) Labour Law:<br/><br/>An employee whose employment contract has been cancelled due to unsatisfactory work performance, i.e. lack of necessary knowledge and skills in terms of Article 179, paragraph 1, item 1) of this Act, is entitled to a notice period to be determined by a bylaw or employment contract, depending on length of social insurance coverage, but which may neither be shorter than eight, nor longer than 30 days. N N N N Exception: Trade union must be notified in case of dismissal of trade union member: art. 181 LL. N N N N
2019 Singapour Singapour Asie
u00e9crite
u00e9crite Sec. 10 (5) EA. Y
Y Sec. 11 (1) EA. N N N N N N N N
2019 Slovaquie Slovaquie Europe
u00e9crite
u00e9crite Sec. 61 (1) and (2) LC. Y
Y When an employee is terminated on the grounds of the winding-up of the employer or its relocation or on the grounds of redundancy or based on the loss of his/her medical ability to carry out work, he/she is now entitled to <b>either notice or severance pay but no longer both. </b><br/><br/>If an employee is given notice for the above mentioned reasons, the employee has the right to ask the employer to terminate employment relationship by agreement before the start of the notice period and the employer must comply with this request. In such cases, the employee must be entitled to a severance allowance equal to not less than his/her average monthly earnings multiplied by the number of months of the notice period (sec. 76(2) LC).<br/>Where, on the other hand, there is no agreed termination, the employee is not entitled to any severance pay and the statutory notice periods apply.<br/>Lastly, if upon agreement, the employee continues to work for only a part of the notice period, he/she will be entitled to some severance payment for the time he/she has not worked (sec. 76(3) LC).<br/><br/>(2) If employment relationship is terminated by agreement for the reasons stipulated in Sec.63 paragraph 1 letter a) or b) or because the employee&apos;s health condition has, according to a medical opinion, caused the long term loss of their ability to perform their previous work, the employee shall be entitled to a severance allowance at termination of employment relationship equal to at least a) their average monthly earnings, if the employee&apos;s employment relationship lasted less than two years, b) two times their average monthly earnings, if the employee&apos;s employment relationship lasted at least two years and less than five years,, c) three times their average monthly earnings, if the employee&apos;s employment relationship lasted at least five years and less than ten years, d) four times their average monthly earnings, if the employee&apos;s employment relationship lasted at least ten years and less than twenty years, e) five times their average monthly earnings, if the employee&apos;s employment relationship lasted at least twenty years.<br/><br/>(3) If an employer terminates an employee&apos;s employment relationship by notice or by agreement on the reasons that the employee must no longer perform their work as a result of an occupational accident, occupational disease or the risk of such a disease, or that the employee has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body, the employee shall be entitled to a severance allowance equal to at least ten times their monthly earnings; this shall not apply if an occupational accident was caused by the employee breaching, through their own fault, legal regulations or other regulations for ensuring occupational safety and health or instructions for ensuring occupational safety and health despite having been duly and demonstrably familiarized with them and knowledge of them and compliance with them systematically required and checked, or if an occupational accident was caused by the employee under the influence of alcohol, narcotic substances or psychotropic substances and the employer could not prevent the occupational accident. N N N N N N However, prior approval by the relevant office of labour, social affairs and family is required in the event of a disabled employee: sec. 66 LC. N N However, pursuant to sec. 240 (9) LC: &quot; The employer may give notice to or terminate immediately the employment of a member of the relevant trade union body, a member of a works council or a works trustee only with the prior consent of these employees&apos; representatives. As previous agreement shall be considered as also failure by the employees&apos; representatives to grant consent in writing to the employer within 15 days of receiving the employer&apos;s request. The employer may only make use of this previous consent within a period of two months from its being grantedu201d
2019 Slovénie Slovénie Europe
u00e9crite
u00e9crite Art. 86 (1) ERA Y
Y Art. 96 ERA (Compensation instead of period of notice)<br/>(1) Instead of enforcing a part or the entire notice period, the worker and employer may agree on appropriate compensation. <br/>(2) The agreement under the preceding paragraph must be in writing. N N N N Article 86 ERA (Role of trade union and works council and/or worker representative)<br/>(1) If so requested by a worker, the employer must inform in writing the trade union of which the worker is a member at the time of the institution of proceedings for intended ordinary or extraordinary cancellation of the employment contract. If the worker is not a member of a trade union, the employer, upon the request of the worker, must inform the works council and/or the worker representative. <br/>(2) The trade union, works council or worker representative referred to in the preceding paragraph may give its opinion within six days. In the event that it does not give its opinion within that period, it shall be deemed that it does not object to the cancellation. <br/>(3) The trade union, works council or worker representative referred to in paragraph one of this Article may deliver a negative opinion if it considers that there are no substantiated reasons or that the procedure was not implemented in accordance with this Act. It must explain its opinion in writing. <br/>(4) Irrespective of an unfavourable opinion of the trade union, works council or worker representative, the employer may cancel the employment contract with the worker.<br/><br/>Article 112 ERA (Workersu2019 delegates)<br/>&quot;(1) An employer may not cancel an employment contract <br/>-with a member of a works council, a worker representative, a member of a supervisory board representing workers, a workersu2019 delegate in the council of the institute or <br/>-with an appointed or elected trade union representative <br/>without the consent of the works council or the workers who elected him or without the consent of the trade union if this person acts in accordance with the law, the collective agreement and the employment contract, except if for a business reason he rejects the offered appropriate employment with the employer or in the event of cancellation of the employment contract due to the procedure of winding-up of an employer. (...)&quot; N N N N Exception:<br/>Article 112 ERA (Workersu2019 delegates)<br/>&quot;(1) An employer may not cancel an employment contract<br/>- with a member of a works council, a worker representative, a member of a supervisory board representing workers, a workersu2019 delegate in the council of the institute or<br/>- with an appointed or elected trade union representative<br/>without the consent of the works council or the workers who elected him or without the consent of the trade union if this person acts in accordance with the law, the collective agreement and the employment contract, except if for a business reason he rejects the offered appropriate employment with the employer or in the event of cancellation of the employment contract due to the procedure of winding-up of an employer. (...)&quot;
2019 Sri Lanka Sri Lanka Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise - No specific form expressly required for individual termination other than by way of retrenchment. There is a prior approval mechanism by the Labour Commissioner upon application by the employer.<br/>The TEWA does not specify the form of the employer&apos;s application, however it stipulates that a copy of that application shall be communicated to the workman concerned who shall be afforded the opportunity to be heard. <br/>The decision of the Labour commissioner granting or refusing dismissal must be in writing and must be communicated to both the employer and the employee (sec. 2 TEWA)<br/>- Under the IDA, when contemplating termination by way of retrenchment, the employer is required to give the employee notice of such intention in writing (sec. 31 F IDA). N N Y
Y - Any termination (other than for disciplinary reasons): see sec. 2 TEWA: prior approval mechanism by the Labour Commissioner if the employer has not obtained the prior consent of the employee in writing.<br/>- In the event of retrenchment of any employee not covered by the TEWA, who has been employed for more than a year, who is not a seasonal employee and works for an establishment of more than 15 workers, the employer must send a copy of the written notice to the Labour Commissioner (sec. 31F IDA). N N - No mandatory notification. However, art. 17A TEWA provides for the possibility for the employee who is a trade union member to be represented by a trade union officer in any proceedings before the Labour Commissioner.<br/>- In the event of retrenchment of a trade union member (when the TEWA does not apply), notice shall be sent to that trade union. art. 31F IDA Y
Y - Any termination (other than for disciplinary reasons): see sec. 2 TEWA: prior approval mechanism by the Labour Commissioner if the employer has not obtained the prior consent of the employee in writing. The Labour Commissioner shall decide on the employer&apos;s application within 2 months from the date of receipt (sec. 11 of Industrial Disputes (Hearing and Determination of Proceedings) (Special Provisions) Act, No. 13 of 2003). N N
2017 Suède Suède Europe
u00e9crite
u00e9crite Sec. 8 EPA: “Notice of termination by the employer must be given in writing”. N N N N N N Exception as provided in sec. 30 EPA: u201cAn employer who wishes to summarily dismiss an employee or to give notice terminating employment for reasons relating to the employee personally, shall inform the employee of this in advance. Information concerning termination shall be given at least two weeks in advance. Information concerning summary dismissal shall be given at least one week in advance. If the employee is a union member, the employer shall notify the local organisation of employees to which the employee belongs at the same time as notice is given to the employee. The employee and the local organisation of employees to which the employee belongs are entitled to consultations with the employer concerning the measure to which the information and the notice relate. This shall apply provided that such consultations are requested not more than one week after information or notice was given. Where such consultations have been requested, the employer may not give notice of termination or summarily dismiss the employee until the consultations have been concludedu201d. (available at: http://www.government.se/4ac87e/contentassets/b58069e2c0f24aa6be53d8932de85d86/sfs-198280-employment-protection-act) N N N N
2019 Suisse Suisse Europe
u00e9crite
u00e9crite However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.<br/>The same rule applies in case of dismissal with immediate effect : art. 337 CO. N N However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period. N N N N N N N N
2019 Tadjikistan Tadjikistan Europe
u00e9crite
u00e9crite Art. 45 LC Y
Y In this case according to the Art. 45 LC the employee shall be paid the compensation in the amount not lower than the average daily wage for each day remaining before the expiration. Y
Y Update as of 2016: Art. 45 (4) LC states that the employer must notify relevant authorities on labour on impending dismissal of employees by indicating their qualification and salary. Y
Y Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract. N N Y
Y Update as of 2016: Art. 44 LC does not clearly state that the employer cannot proceed with the termination of the contract without workers representatives&apos; approval. The article, however, sets procedural clarity for notification/coordination between the parties. <br/>The employer must notify workers representatives two weeks in advance (Art 44(1)); the workers representatives must reply back in 10 days (Art 44 (2)); the employer has a right to terminate the contract not later than one month after receiving the agreement of the workers representatives. <br/>So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.<br/>
2019 Tanzanie, République Unie de Tanzanie, République Unie de Afrique
u00e9crite
u00e9crite Art. 41(3) ELRA provides that notice of termination shall be in writing. Y
Y Art. 41(5) ELRA provides that instead of giving an employee notice of termination, an employer may pay the employee the remuneration that the employee would have received if the employee had worked during the notice period. N N N N Except in the event of termination based on operational requirements (retrenchment): art. 38(1) ELRA. N N N N
2019 Tchéquie Tchéquie Europe
u00e9crite
u00e9crite Sec. 50(1) LC N N N N Y
Y Sec. 61 (1) LC. Notification is mandatory in both cases of ordinary dismissal and immediate termination (serious misconduct). N N N N However, according to sec. 61 (2), (3), (4) LC approval by the trade union is requested when the dismissal or the immediate termination concerns a trade union member. In the absence of consent, such dismissal is void unless ruled otherwise by the Court.
2019 Thaïlande Thaïlande <u>On notice periods:</u> The employer wishing to terminate shall give the employee notice of termination at least &quot;one full wage payment cycle&quot; before such termination is to take effect. However, notice need not be given more than three months prior to the termination being effective (where, for example, a wage cycle was longer than three months).<br/>(source: Thailand Business Blog Law) Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise <b>Notification to the worker to be dismissed: oral or written</b><br/>Art. 17 LPA, as amended by LPA-No.2 of 2008 (art. 8): The prior notice of termination <i>can</i> be given in writing. Y
Y See Sec. 17(3) as amended by LPA No. 7 (2019) (Sec. 5) and Sec. 121 LPA (economic dismissals). <br/>See also art. 582(2) CCC. N N N N N N However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees&apos; committee (art. 52 LRA).<br/>Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).<br/> N N
2019 Tunisie Tunisie Afrique
u00e9crite
u00e9crite Art. 14bis LC. Y
Y The LC is silent with respect to pay in lieu of notice.<br/>However, art. 16 of the CFA stipulates that, in the event notice is not observed, the amount of compensation to be paid must at least be equal to wages payable for the length of notice period or for the remaining period of notice (art. 16 FCA).<br/>___________________________<br/>Le Code du travail ne fait pas ru00e9fu00e9rence u00e0 l&apos;indemnitu00e9 compensatoire de pru00e9avis. Toutefois, l&apos;art. 16 de la Convention Collective (1973) stipule que&apos; &quot;en cas d&apos;inobservation du du00e9lai - congu00e9 par la partie qui a pris l&apos;initiative de la rupture, l&apos;indemnitu00e9 sera au moins u00e9gale au salaire effectif correspondant u00e0 la -duru00e9e du du00e9lai - congu00e9 ou u00e0 la pu00e9riode du du00e9lai - congu00e9 restant u00e0 courir.&quot; N N Except for protected workers.<br/>__________________<br/>Sauf pour les catu00e9gories de travailleurs protu00e9gu00e9s N N N N Except for protected workers.<br/>__________________<br/>Sauf pour les catu00e9gories de travailleurs protu00e9gu00e9s N N
2019 Turkménistan Turkménistan Europe
u00e9crite
u00e9crite Art. 44 LC Y
Y Art. 44(2) LC N N Y
Y Art. 45 LC: Any dismissal for economic reasons or worker&apos;s incapacity must be authorised by the trade union or another body of workers&apos; representatives N N Y
Y Art. 45 LC: Any dismissal for economic reasons or worker&apos;s incapacity must be authorised by the trade union or another body of workers&apos; representatives.
2019 Türkiye Türkiye The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required). <br/>As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.<br/>When terminating a contract for a just cause (&quot;breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements. Europe
u00e9crite
u00e9crite Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely. <br/>[Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker&apos;s conduct or performance].<br/><br/>The notice form for the termination of employees excluded from the job security provisions is not specified.<br/><br/>The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months&apos; notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months&apos; notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn&apos;t provide any specific form of notification to the worker to be dismissed. Y
Y Art. 11 LA. Y
Y According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract. <br/>Note: This notification obligation also applies to any recruitment. N N N N N N
2019 Ukraine Ukraine Europe
u00e9crite
u00e9crite N N N N N N N N N N
2019 Uruguay Uruguay It appears that there are no requirements to serve a notice to dismiss a worker. Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise N N N N N N N N The only situation provided by Law, in which an approval of a judicial authority is needed, concerns the dismissals of trade union members. N N
2019 Venezuela, République bolivarienne du Venezuela, République bolivarienne du Amériques
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise N N There is no pay in lieu of notice because there is no notice foreseen in OLL. N N u2022Under the OLL, there is no general obligation to notify the labour administration prior to any dismissal.<br/>However, any dismissal of a worker protected by job stability must be notified to the competent labour judge within five business days of the date of the dismissal, with an indication of the reasons. . (= post-dismissal notification to a judicial body)<br/>In the absence of such notification, the dismissal will be deemed unjustified (art. 89 OLL).<br/>The employer is not bound to observe such requirement when dismissing managers and permanent employees with less than 1 month&apos;s service.<br/><br/>Notification to and authorization from the Labour Inspector is required for workers enjoying special protection (see art. 449 OLL on the general special protection against dismissal for trade union related activities (fuero sindical), on the categories of workers entitled to such protection see: art. 419 OLL ; on special protection not related to trade union activities see art. 420 OLL; on special protection for pregnant women, women on maternity leave and paternity leave, see: art. 335 and 339, on special protection during the authorized period of suspension of the employment relationship, art 420 together with art 72 OLL.<br/><br/><b><u>HOWEVER</u>, the above mentioned protection has been extended to a large number of workers by the so-called &quot;Immunity Decrees&quot; (Decree No. 3.708 for the year 2018). These are: all workers covered by the Labour Code except managers, workers with less than three months&apos; seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector.</b><br/> N N N N Art. 89 OLL: When the employer dismisses one or more workers protected by employment stability), he/she will have to notify it to the pertinent judge stating the causes that justify the dismissal in the following five working days, otherwise it will be considered a dismissal without just cause by the employer itself.<br/>Art. 90 OLL: The judge will have to orally decide on the dismissal, and state if there is right to reinstatement and if the worker must be paid a compensation.<br/>______________________<br/>In Spanish:<br/>Artu00edculo 89 OLL. &quot;Cuando el patrono o patrona despida a uno o mu00e1s trabajadores o trabajadoras amparados o amparadas por estabilidad laboral deberu00e1 participarlo al Juez o la Jueza de Sustanciaciu00f3n, Mediaciu00f3n y Ejecuciu00f3n de su jurisdicciu00f3n, indicando las causas que justifiquen el despido, dentro de los cinco du00edas hu00e1biles siguientes, de no hacerlo se le tendru00e1 por confeso, en el reconocimiento que el despido lo hizo sin justa causa. (...)&quot;<br/>Artu00edculo 90. &quot;El Juez o Jueza de Juicio deberu00e1 decidir de manera oral sobre el fondo de la causa y declarar con o sin lugar la solicitud de reenganche y el pago de los salarios cau00eddos.&quot; <br/> N N
2012 Viet Nam Viet Nam Asie
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Art. 38 (3) LC stipulates that the employer shall notify the worker of the dismissal but does not specify whether such notification shall be written. Y
Y Art. 41 (4) LC N N No general obligation to notify.<br/>However, before dismissing an employee due to poor performance, disciplinary measures, or illness, the employer must consult with the executive committee of the enterprise trade union with the aim of coming to an agreement. In case of disagreement, the two parties must report to the local branch of the State administration of labour: art. 38 (2) LC. Y
Y Art. 38 (2) LC: Before an employer can dismiss an employee due to poor performance, disciplinary measures, or illness, he must consult with the executive committee of the enterprise trade union with the aim of coming to an agreement. N N N N
2013 Yémen Yémen Etats arabes
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise No specific form of notice required in Art. 38 LC. This provision only stipulates that &quot;a party wishing to terminate the contract shall give the other party prior notice of termination&quot;. Y
Y Art. 38(1) LC. N N No mandatory notification. However, art. 38(2) LC stipulates that &quot;if either party refuses to receive notice of termination of the contract, the notice may be deposited with the Ministry or one of its offices&quot;. N N N N N N
2019 Zambie Zambie - This section deals with individual terminations of oral contracts. <br/>Termination of written contracts is regulated by sec. 36 EA which reads as follows: &quot;(1) A written contract of service shall be terminated<br/>(a) by the expiry of the term for which it is expressed to be made; or<br/>(b) by the death of the employee before such expiry; or<br/>(c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise except that where the termination is at the initiative of the employer, the employer shall give reasons to the employee for the termination of that employee’s employment.<br/>(2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner.<br/>(3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking.<br/>(4) Reasons that are not valid for termination of contracts include <br/>(a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;<br/>(b) seeking office as, acting or having acted in the capacity of, an employee’s representatives;<br/>(c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;<br/>(d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or<br/>(e)absence from work during leave or a rest period in accordance with a written law. &quot;<br/><br/>No further information is given as to termination of a written contract.<br/>- Individual terminations for reason of redundancy are dealt with under the section on collective dismissals.<br/> Afrique
aucune forme particuliu00e8re requise
aucune forme particuliu00e8re requise Sec. 20(3) EA: Notice to terminate an oral contract may be either verbal or written.<br/>In the legislation reviewed, no information has been found with regards to written contracts.<br/> Y
Y Sec. 21 EA: <br/>&quot;Either party to an oral contract of service may terminate such contract-<br/>(a) in the case of a contract which may be terminated without notice, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee if he had continued to work until the end of the contract period;<br/>(b) in any other case, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee at the termination of the employment had notice to terminate the same been given on the date of payment.&quot;<br/>See also sec. 19 (b) EA: &quot;Each party to an oral contract for a period not exceeding one month shall, on the termination of such contract, be conclusively presumed to have entered into a new oral contract for a further period of the same duration and subject to the same terms and conditions as those of the contract then terminated unless-<br/>(b) the contract has been terminated by payment in lieu of notice&quot;.<br/><br/>In the legislation reviewed, no information has been found with regards to written contracts.<br/> N N Except in the event of individual termination by reason of redundancy (sec. 26B(2) EA, see below - collective dismissal) N N Except in the event of individual termination by reason of redundancy (sec. 26B(2) EA, see below - collective dismissal) N N N N

Année Pays Région Types de travailleurs Type de licenciement
2019 Afghanistan Afghanistan Asie Tous tous
2019 Afrique du Sud Afrique du Sud Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
- 1 week's notice if the employee has been employed for 6 months or less,
- 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
- 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
Afrique Tous tous
2019 Angola Angola Art. 212 GLA: The period of notice for individual economic dismissals is 30 days.

No notice is required for disciplinary dismissals.
Afrique Tous licenciement économique
2019 Argentine Argentine Art. 231 (b) LCL: establishes various statutory notice periods

According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.

Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

Please note, however, that these rules 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).
Amériques Tous tous
2019 Australie Australie Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
- If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
- If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
- If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
- If the length of service is more than 5 years, the notice period shall be 4 weeks.

In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

However, according to s123 FWA, the provisions on notice of termination do not apply to the following employees:
- Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
"(1) (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
(b) an employee whose employment is terminated because of serious misconduct;
(c) a casual employee;
(d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
(e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
(2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
- Other employees not covered by notice of termination provisions:
"(3) (b) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures); or
(c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
(d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
(e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
Asie Tous tous
2019 Australie Australie Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
- If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
- If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
- If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
- If the length of service is more than 5 years, the notice period shall be 4 weeks.

In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

However, according to s123 FWA, the provisions on notice of termination do not apply to the following employees:
- Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
"(1) (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
(b) an employee whose employment is terminated because of serious misconduct;
(c) a casual employee;
(d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
(e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
(2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
- Other employees not covered by notice of termination provisions:
"(3) (b) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures); or
(c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
(d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
(e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
Asie travailleurs ≤ 45 ans tous
2019 Australie Australie Notice of termination is - together with other rights and entitlements set out in part 2.2 of the FWA - part of the new "National Employment Standards", in force since 1st January 2010.
s117(3) establishes the statutory minimum notice periods which varies according to the length of service and the age, as follows:
- If the employee has been continuously employed for not more than 1 year, the notice period shall be 1 week;
- If the length of service is more than 1 year but not more than 3 years, the notice period shall be 2 weeks;
- If the length of service is more than 3 year but not more than 5 years, the notice period shall be 3 weeks;
- If the length of service is more than 5 years, the notice period shall be 4 weeks.

In addition, the notice period shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

However, according to s123 FWA, the provisions on notice of termination do not apply to the following employees:
- Employees not covered by Division 11 of the FWA (both notice of termination and redundancy pay):
"(1) (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
(b) an employee whose employment is terminated because of serious misconduct;
(c) a casual employee;
(d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
(e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
(2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division"
- Other employees not covered by notice of termination provisions:
"(3) (b) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures); or
(c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
(d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
(e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply."
Asie travailleurs > 45 ans tous
2019 Autriche Autriche - White-collar workers:
Sec. 20 (2) White-collar Employees Act:
In the absence of an individual agreement that is more favourable for the employee , the notice period is 6 weeks which increases with the length of service (2 months after 2 years of service, 3 months after 5 years, 4 months after 15 years and 5 months after 25 years).

- Blue-collar workers:
The notice period is 14 days in the absence of any other arrangement: sec. 77 Commerce Regulations (for industrial workers).

- See also: sec. 1159 and 1159b CC: minimum 14-day notice unless the employee is paid on a daily basis or by piece-rate, in which case only one day's notice needs to be given.
Europe employés tous
2019 Autriche Autriche - White-collar workers:
Sec. 20 (2) White-collar Employees Act:
In the absence of an individual agreement that is more favourable for the employee , the notice period is 6 weeks which increases with the length of service (2 months after 2 years of service, 3 months after 5 years, 4 months after 15 years and 5 months after 25 years).

- Blue-collar workers:
The notice period is 14 days in the absence of any other arrangement: sec. 77 Commerce Regulations (for industrial workers).

- See also: sec. 1159 and 1159b CC: minimum 14-day notice unless the employee is paid on a daily basis or by piece-rate, in which case only one day's notice needs to be given.
Europe ouvriers tous
2019 Autriche Autriche - White-collar workers:
Sec. 20 (2) White-collar Employees Act:
In the absence of an individual agreement that is more favourable for the employee , the notice period is 6 weeks which increases with the length of service (2 months after 2 years of service, 3 months after 5 years, 4 months after 15 years and 5 months after 25 years).

- Blue-collar workers:
The notice period is 14 days in the absence of any other arrangement: sec. 77 Commerce Regulations (for industrial workers).

- See also: sec. 1159 and 1159b CC: minimum 14-day notice unless the employee is paid on a daily basis or by piece-rate, in which case only one day's notice needs to be given.
Europe travailleurs payés à la journée ou à la pièce tous
2019 Azerbaïdjan Azerbaïdjan Art. 77 (1) LC
Amendments were made on this in 2017.
Europe Tous licenciement économique
2019 Bangladesh Bangladesh - In the event of a retrenchment, the employer shall give the employee one month's notice (sec. 20(1) LA).

- In the event of termination without cause (sec. 26 LA), the employer shall give the employee the following notice period:

1) For permanent workers:
- 120 days' notice if the worker is paid on a monthly basis;
- 60 days' notice to other workers.

2) For temporary workers (when termination is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed):
- 30 days' notice if the temporary worker is paid on a monthly basis;
- 14 days' notice to other temporary workers.

- No statutory notice requirements for conduct and capacity-related dismissals (referred to respectively in the LA as 'dismissal' and 'discharge'), except for dismissals based on unjustified absence from the work place. (In case a worker remains absent from work without notice for at least 10 days, the employer shall serve him or her a notice to explain the reasons for the absence. If the worker does not submit a written justification for the absence or returns to work within 17 days, he or she is considered terminated, sec. 27(3A)).
Asie Tous licenciement économique
2019 Bangladesh Bangladesh - In the event of a retrenchment, the employer shall give the employee one month's notice (sec. 20(1) LA).

- In the event of termination without cause (sec. 26 LA), the employer shall give the employee the following notice period:

1) For permanent workers:
- 120 days' notice if the worker is paid on a monthly basis;
- 60 days' notice to other workers.

2) For temporary workers (when termination is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed):
- 30 days' notice if the temporary worker is paid on a monthly basis;
- 14 days' notice to other temporary workers.

- No statutory notice requirements for conduct and capacity-related dismissals (referred to respectively in the LA as 'dismissal' and 'discharge'), except for dismissals based on unjustified absence from the work place. (In case a worker remains absent from work without notice for at least 10 days, the employer shall serve him or her a notice to explain the reasons for the absence. If the worker does not submit a written justification for the absence or returns to work within 17 days, he or she is considered terminated, sec. 27(3A)).
Asie travailleurs permanents rémunérés mensuellement licenciement sans cause
2019 Bangladesh Bangladesh - In the event of a retrenchment, the employer shall give the employee one month's notice (sec. 20(1) LA).

- In the event of termination without cause (sec. 26 LA), the employer shall give the employee the following notice period:

1) For permanent workers:
- 120 days' notice if the worker is paid on a monthly basis;
- 60 days' notice to other workers.

2) For temporary workers (when termination is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed):
- 30 days' notice if the temporary worker is paid on a monthly basis;
- 14 days' notice to other temporary workers.

- No statutory notice requirements for conduct and capacity-related dismissals (referred to respectively in the LA as 'dismissal' and 'discharge'), except for dismissals based on unjustified absence from the work place. (In case a worker remains absent from work without notice for at least 10 days, the employer shall serve him or her a notice to explain the reasons for the absence. If the worker does not submit a written justification for the absence or returns to work within 17 days, he or she is considered terminated, sec. 27(3A)).
Asie travailleurs permanents non rémunérés mensuellement licenciement sans cause
2019 Bangladesh Bangladesh - In the event of a retrenchment, the employer shall give the employee one month's notice (sec. 20(1) LA).

- In the event of termination without cause (sec. 26 LA), the employer shall give the employee the following notice period:

1) For permanent workers:
- 120 days' notice if the worker is paid on a monthly basis;
- 60 days' notice to other workers.

2) For temporary workers (when termination is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed):
- 30 days' notice if the temporary worker is paid on a monthly basis;
- 14 days' notice to other temporary workers.

- No statutory notice requirements for conduct and capacity-related dismissals (referred to respectively in the LA as 'dismissal' and 'discharge'), except for dismissals based on unjustified absence from the work place. (In case a worker remains absent from work without notice for at least 10 days, the employer shall serve him or her a notice to explain the reasons for the absence. If the worker does not submit a written justification for the absence or returns to work within 17 days, he or she is considered terminated, sec. 27(3A)).
Asie travailleurs temporaires rémunérés mensuellement licenciement sans cause
2019 Bangladesh Bangladesh - In the event of a retrenchment, the employer shall give the employee one month's notice (sec. 20(1) LA).

- In the event of termination without cause (sec. 26 LA), the employer shall give the employee the following notice period:

1) For permanent workers:
- 120 days' notice if the worker is paid on a monthly basis;
- 60 days' notice to other workers.

2) For temporary workers (when termination is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed):
- 30 days' notice if the temporary worker is paid on a monthly basis;
- 14 days' notice to other temporary workers.

- No statutory notice requirements for conduct and capacity-related dismissals (referred to respectively in the LA as 'dismissal' and 'discharge'), except for dismissals based on unjustified absence