→ Section 17 LL indicates that: The parties to the contract can, with mutual agreement, fix a period as the probationary period of work. During this period that may not exceed three months, either party can terminate the contract by giving notice to the other. If the contract is not terminated until the end of the probationary period, it is extended with the same terms and conditions.
→ Section 23(4) LL provides that: If the service is to be terminated on the basis of circumstances mentioned in paragraph (1) of this Section, the organization must inform the employee within one month.
→ Section 24 LL indicates that:
(1) The contractual worker can terminate the non-fixed term service contract with a one-month written notice to the employer.
(2) Before the contract expires, the employee can terminate the fixed-term contract with or
without notice in the following cases:
1. Breach of terms and conditions of the service contract or provisions of this law by the employing institution.
2. In case the worker suffers from a prolonged and incurable disease, disability or other problems that hinder to continue his/her jobs.
3. The employee or his/her legal representative, based on the provisions included in paragraphs (1 and 2) of this Section, provides a written notice to the Ministry of Labour, Social Affairs, Martyrs and Disabled on termination of the contract to avoid any possible disagreement.

.

No statutory provisions were found in the examined legislation in this respect.

→ Section 25(1) LL indicate: The organization has to provide a list of the workers whose contracts have been terminated based on the provisions mentioned in paragraph (1) of Section 23 of this law, along with their
work experience, specialities, qualifications, working period and skills to the Ministry of Labour, Social Affairs, Martyrs and Disabled and its respective offices in the provinces.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

▶ LRA as amended by the Law n° 91-29 of 21 December 1991 (LAR 1991), modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
Any disciplinary dismissal (summary dismissal for serious misconduct) shall be notified in writing (Section 73-2 LRA 1991). A prior oral interview is also required. The law does not specify the form of notification for dismissals based on economic grounds.
→ Section 73-2 LRA 1991 indicates that: The dismissal provided for in Section 73 [of this law] is carried out in accordance with the procedures set out in the internal regulations.
These procedures require written notification of the dismissal decision, and a hearing by the employer of the employee concerned, who may, on this occasion, be assisted by a worker of their choice, belonging to the employing organization.
▶ Collective framework agreement of the private sector of 30 September 2006 (CFA)
Under the Collective Framework Agreement (CFA) of 2006, the dismissal decision shall be notified to the employee in writing (§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 (§64 CFA).

▶ LRA as amended by the Law n° 91-29 of 21 December 1991 (LRA 1991), modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
The new Subsection 6 of the amended Section 73 of the LRA, introduces the right to pay in lieu of notice or "indemnité compensatrice de préavis". This provision was added by the Law n° 91-29 of 21 December 1991, modifying and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.
→ Section 73-6 LRA 1991, indicates that: A dismissed worker is entitled, during their notice period, to two hours per day, which can be accumulated and paid, to allow them to look for another job.
▻ The employer may fulfil their obligation to provide the notice period by paying the dismissed worker an amount equal to the total remuneration they would have received during the same period.
▻ Cessation of activity does not release employers from their obligation to respect the notice period.
▷ Note: The LRA 1991 subdivided and expanded Section 73 into several sub-sections (73-1 to 73-6 LRA 1991), including a specific provision on the notice period and the employer's option to pay compensation instead of requiring the employee to work it out.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

In the case of collective dismissal, the notice period is 60 days (§ 293 (1) of GLL 2023).

▷ Individual dismissal
→ Section 286 of GLL 2023 on "prior notice" indicates that:
1. The employer must send, at least 30 days in advance, to the worker or workers occupying the jobs to be eliminated or transformed, prior notice of dismissal.
2. The notice must mention the decision to dismiss, expressly mentioning the reason and date of termination of the Employment Contract and indicating the amount, form, time and place of payment of compensation, credits due and those payable as a result of the termination of the Employment Contract. (...).

▷ Collective dismissal
→ In cases where the dismissal is on the grounds of "objective causes" (§ 284 of GLL 2023), provided that the number of workers to be dismissed is more than five (§ 290 of GLL 2023), section 293 of GLL 2023 requires an advance notice of 60 days.
→ Section 291 (1) of GLL 2023 on "Procedure for collective dismissal" provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.
→ In addition, under section 298 (j) of the GLL 2023, dismissal is null and void whenever (...), the employee is not notified of the dismissal decision.

▷ Disciplinary measures
Section 91 (2) of GLL 2023 on the "application of disciplinary measure" (which includes dismissal) indicates that: The measure applied shall be communicated in writing to the worker within five days following the decision by any of the means referred to in paragraphs 4 of section 88, and the communication shall mention the facts attributed to the worker and the consequences of those facts, the result of the interview and the final decision.

▷ Pay in Lieu
→ Section 305 (2) of GLL 2023 stipulates that: The total or partial lack of prior notice constitutes the employee's obligation to compensate the employer with the value of the salary corresponding to the missing period of prior notice.

▷ Exclusion
→ Section 18 (4) of GLL 2023 indicates that: During the trial period, either party may terminate the Employment Contract, without the obligation to provide prior notice, compensation or present justification, and the employer must pay the contractually agreed remuneration.

▷ Individual dismissal
→ Section 285 of GLL 2023 on "procedure for individual dismissal" indicates that:
1. An employer who intends to carry out a dismissal on the grounds referred to in the previous section [on individual Dismissal for Objective Causes], provided that the number of workers to be dismissed is up to five, must send a written communication to the General Labour Inspectorate in advance, indicating:
a) The economic, technological or structural reasons that require the organization, reduction or closure and the description of these;
b) The jobs affected, indicating the number of workers they represent and their professional qualifications;
c) Measures of reorganization, reduction of activities or closure of services with which the employer intends to adjust the operation of the company or establishment to the existing situation;
d) The criteria to be used in selecting workers to be dismissed;
e) The possibility or impossibility of transferring these workers, in whole or in part, to other existing or future jobs, as a result of the reorganization and for which the same or identical professional qualifications are required and which are entitled to an equal or higher salary;
f) Other information considered useful.

▷ Collective dismissal
→ Section 291 (1) of GLL 2023 on "procedure for collective dismissal" provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.
→ Section 293 of GLL 2023 on "Advance notice" indicates that:
1. In the case of collective dismissal, the notice period is 60 days.
2. On the date of sending the notice of dismissal, the employer must send to the Employment Centre of the respective area, if any, a map identifying all workers notified of dismissal, mentioning in relation to each one:
a) Full name; b) Identity Card Number; c) Address; d) Date of birth;
e) Date of admission to the company; f) Date on which the contract terminates; g) Social Security insured person number; h) Profession;
i) Professional classification; j) Last base salary.

▷ Disciplinary Measures (suspension)
In case of suspension of an employment contract for reasons enumerated under section 270 of GLL 2023, the employer is required to proceed as follows:
a) Communication to the General Labour Inspectorate, to the Employment Centre in the area of the Employment Centre and to the workers' representative body, up to 15 working days before the start of the suspension of work, its occurrence and causes, except in the situations referred to in paragraph b) of the previous section [calamity, accidents and other situations of force majeure];
b) Whenever the establishment does not resume operations for a period of up to six months, the employer may, with authorization from the General Labour Inspectorate, declare the contracts terminated due to expiration, paying workers compensation calculated in accordance with section 308;
c) Notification to the General Labour Inspectorate and to the Employment Centre of the expiry of the contract, within three days after the day on which it was communicated to the workers, indicating that the compensation referred to in paragraph b) of this paragraph has been paid or made available to the workers.

▷ Disciplinary dismissals of ex-combatants, pregnant women, minors and workers with a limited occupational disability degree of 20% or above
→ In case of disciplinary dismissal of war veterans, section 283 (3)(a) of GLL 2023 stipulates that: A copy of the employee's invitation for the interview and the notice of dismissal that the employer intends to send to the employee under the terms of paragraph 6 of section 90, shall be sent immediately to the General Labour Inspectorate, upon registration or protocol.
→ In case of disciplinary dismissal of pregnant women, minors and workers with a limited occupational disability, section 283 (4) of GLL 2023 indicates that: In the case of disciplinary proceedings for the dismissal of workers referred to in paragraphs b), d) and e) of paragraph 1 of this section, the employer must send a copy of the employee's summons for interview and the notice of dismissal that it intends to send to the employee to the General Labour Inspectorate, which must issue a decision within a maximum period of 10 working days.

▷ Preventive suspension
→ Section 89 (2) of GLL 2023 on "preventive suspension of employees" indicates that: If the worker is a union representative or member of the workers' representative body, the suspension shall be communicated to the body to which he belongs.
→ In addition, under section 88 (3)(d) of GLL 2023, during a disciplinary procedure interview, the employee has the right to be assisted by up to three witnesses, who can be employees or members of the trade union to which the employee is affiliated.

▷ Disciplinary measures
→ Section 91 (3) of GLL 2023 on the "application of disciplinary measure" (which includes dismissal) provides that: If the worker is a union representative or member of the workers' representative body, a copy of the communication made to the worker shall be sent, within the same period, to the union or representative body, which must respond within 10 working days.

▷ Suspension of an employment contract
→ In case of suspension of an employment contract for reasons enumerated under section 270 of GLL 2023, the employer is required to proceed as follows:
a) Communication to the General Labour Inspectorate, to the Employment Centre in the area of the Employment Centre and to the workers' representative body, up to 15 working days before the start of the suspension of work, its occurrence and causes, except in the situations referred to in paragraph b) of the previous section [calamity, accidents and other situations of force majeure].

▷ Collective dismissal
→ Section 291 (1) of GLL 2023 on "procedure for collective dismissal" provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.

▷ Disciplinary dismissals of ex-combatants, pregnant women, minors and workers with a limited occupational disability
→ In case of disciplinary dismissal of war veterans, section 283 (3)(a and b) of GLL 2023 stipulates that: A copy of the employee's invitation for the interview and the notice of dismissal that the employer intends to send to the employee under the terms of paragraph 6 of section 90, shall be sent immediately to the General Labour Inspectorate, upon registration or protocol.
b) If the General Labour Inspectorate, within 10 working days from the date of sending the documents, does not communicate anything to the employer or does not oppose the dismissal, the employer may maintain the decision by delivering or sending to the employee the communication referred to in paragraph 3 of section 91.
→ In case of disciplinary dismissal of pregnant women, minors and workers with a limited occupational disability, section 283 (4 and 5) of GLL 2023 indicates that:
4. In the case of disciplinary proceedings for the dismissal of workers referred to in paragraphs b), d) and e) of paragraph 1 of this section, the employer must send a copy of the employee's summons for interview and the notice of dismissal that it intends to send to the employee to the General Labour Inspectorate, which must issue a decision within a maximum period of 10 working days.
5. The period granted to the General Labour Inspectorate to express its opinion, under the terms of the previous numbers, suspends the other deadlines of the disciplinary process, and if there is no statement, the employer may execute the decision.

Approval of workers’ representatives is not required for the dismissal of workers.

The LC does not specify whether the employer's notice of termination shall be written or not (see. sec. C9 LC).
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).

See sec. C9(4) LC.

The notice period requirements do not apply to dismissals for "just cause".
The only procedural requirement for dismissal for "just cause" 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.

Art. 235 LCL.

Art. 232 LCL.

Decree 1043/2018 ( 12/11/2018) establishes the following temporary provisions:
ARTICLE 6. A procedure is hereby established, until March 31, 2019, whereby employers, before carrying out dismissals without just cause of workers with indefinite-term employment contracts, must notify the MINISTRY OF PRODUCTION AND LABOR of their decision at least TEN (10) business days prior to its implementation.
ARTICLE 7. The MINISTRY OF PRODUCTION AND LABOR, either on its own initiative or at the request of a party, may convene the employer and the worker, along with the relevant union representation, to hold, during the period established in Article 6 herein, the hearings it deems necessary to consider the conditions under which the future termination of employment will take place.
ARTICLE 8. Failure to comply with the provisions of this chapter will result in the application of the penalties stipulated in Annex II of Law No. 25,212 and its amendments.
ARTICLE 9.- The personnel of the Construction Industry, hired under the terms of Law No. 22,250, are exempt from the procedure established in this chapter.
Source: http://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/316286/norma.htm

Art. 115 LC

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' average wage.

Art. 119 provides that any elected representative of workers may be dismissed only with the prior consent of representative body of workers.

→ Section 117(1) FWA: "an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination".

→ Section 117(2) b) FWA indicates that: (2) The employer must not terminate the employee’s employment unless: (...);
(b) the employer has paid to the employee (or to another person on the employee’s behalf) payment in lieu of notice of at least the amount the employer would have been liable to pay to the employee (or to another person on the employee’s behalf) at the full rate of pay for the hours the employee would have worked had the employment continued until the end of the minimum period of notice.

No statutory provisions were found in the examined legislation regarding individual dismissals: see the requirements related to collective dismissal in the dedicated section below.

No statutory provisions were found in the examined legislation regarding individual dismissals: see the requirements related to collective dismissal in the dedicated section below.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

No specific form required in the legislation.

No statutory provision.
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 "unfounded premature dismissal" and the employee is entitled to wages he would have received had the regular notice period been respected.

Sec. 105 (2) WCA
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.

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.

Art. 77 (4) LC

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.

→ Section 20(2) LA on retrenchment provides that :
(2) No worker who has been in continuous service for not less than one year under an employer shall be retrenched by the employer unless-
(a) The worker has been given one month's notice in writing, indicating the reasons for retrenchment, or the worker has been paid in lieu of such notice, wages for the period of notice; (...).
→ Under section 24(1) on procedure for punishment indicates that: No order of punishment under section 23 shall be made against a worker unless-
(a) The allegations against him are lodged in writing.
(b) He/she is given a copy thereof and not less than seven days' time to explain; (...).
→ Section 26(1) LA on termination of employment by employers otherwise than by dismissal, indicates that: The employment of a permanent worker may be terminated by the employer, otherwise than in the manner provided elsewhere in this Chapter, by giving to him in writing -
(a) One hundred and twenty days' notice, if he is a monthly rated worker;
(b) Sixty days' notice, in case of other workers.
▶ Exception
→ Under section 20 on retrenchment, paragraph 3 provides an exception indicating that: Notwithstanding anything contained in sub-section (2), in the case of retrenchment of a worker under section 16(7), no notice as mentioned in sub-section (2) (a) shall be necessary; but the worker so retrenched, shall be paid fifteen days wages in addition to the compensation or gratuity, as the case may be, which may be payable to him under sub-section (2) (c).
→ Section 16(7) La indicates that: In any case where, during a calendar year, a worker is to be laid off after the first forty-five days as aforesaid, for any continuous period of fifteen days or more, the employer may, instead of laying off such a worker, retrench him under section 20.
→ Section 23(1) LA on punishment for conviction and misconduct provides that :
(1) Notwithstanding anything regarding layoff, retrenchment, discharge and termination of service as provided elsewhere in this Act, a worker may be dismissed without prior notice or pay in lieu thereof if he is -
(a) convicted for any criminal offence; or
(b) he/she is found guilty of misconduct under section 24.
→ Section 26(2) LA on termination of employment by employers otherwise than by dismissal, indicates that: The employment of a temporary worker may be terminated by the employer, otherwise than by dismissal than in the manner provided elsewhere in this Chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed, by
giving to him in writing:
(a) thirty days' notice, if he is a monthly rated worker ;
(b) Fourteen days' notice, in case of other workers.

The employer can opt for paying the wages for the period of notice in the following cases:
→ Section 20(2) LA on Retrenchment provides that: (2) No worker who has been in continuous service for not less than one year under an employer shall be retrenched by the employer unless-
(a) The worker has been given one month's notice in writing, indicating the reasons for retrenchment, or the worker has been paid in lieu of such notice, wages for the period of notice;
(b) (...);
(c) She has been paid compensation which shall be equivalent to thirty days' wages or gratuity for every completed year of service, if any, whichever is higher.
→ Section 26(3) LA indicates that: Where an employer intends to terminate the employment of a worker without any notice, he may do so by paying to the worker wages in lieu of the notice, which is required to be given
under sub-section (1) or (2), as the case may be.

▷ Except in the event of an economic dismissal (retrenchment): Section 20(2)(b) LA, dealt below under "Procedural requirement for collective dismissals for economic reasons".
▷ The Labour Inspection must be immediately notified in case of dismissals of workers due to illegal strikes. Otherwise, there are no notification obligations (§ 25(1) Labour Rules, 2015).

▷ Except in the event of an economic dismissal (retrenchment): Section 20(2)b) LA, see the information below under "Procedural requirement for collective dismissals for economic reasons".

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

Art. 37 (1) and 37 (2) para. 1 ECA

Permanent contracts:
Art. 39 (1) ECA
Section 1. Si le contrat a été conclu pour une durée indéterminée, la partie qui résilie le contrat sans motif grave ou sans respecter le délai de préavis (...) est tenue de payer à l'autre partie une indemnité égale à la rémunération en cours correspondant soit à la durée du délai de préavis, soit à la partie de ce délai restant à courir.

Art. 39ter. [1 Par secteur d'activité,(...) une convention collective de travail doit, au plus tard le 1er janvier 2019, prévoir qu'un travailleur dont le contrat de travail est rompu par l'employeur moyennant un préavis (...) d'au moins 30 semaines (...) a droit à un ensemble de mesures (...).

Fixed-term contracts:
Art. 40.1 Paragraph 1er. Si le contrat a été conclu pour une durée déterminée ou pour un travail nettement défini, la partie qui résilie le contrat avant terme et sans motif grave est tenue de payer à l'autre une indemnité égale au montant de la rémunération qui restait à échoir jusqu'à ce terme, sans que ce montant puisse toutefois excéder le double de la rémunération correspondant à la durée du délai de préavis qui aurait dû être respecté si le contrat avait été conclu sans terme.
Paragraph 2. Par dérogation au paragraphe 1er, lorsque le contrat est conclu pour une durée déterminée ou pour un travail nettement défini, chacune des parties peut résilier le contrat avant terme et sans motif grave durant la première moitié de la durée convenue et sans que la période durant laquelle un préavis est possible ne dépasse six mois, et ce moyennant le respect des délais de préavis prévus à l'article 37/2.

Except for protected workers.

Art. 12 of the Labour Code

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.

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.

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.

A "Commissioner" 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.

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.

No prior notification as such.
(Art. 477 (1) was derogated by Law 13467, 2017)

Art. 328 (1) LC

Art. 220 LC

However pursuant to art. 333 (1) LC, prior consent of the labour inspectorate is required :
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
and
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.

For pregnant women, prior consent of the labour inspectorate is required in case of disciplinary dismissal (art. 333 (5) LC).

→ Section 65 LC indicates that: The termination of a permanent employment contract is subject to a notice period given in writing by the party initiating the termination.
This notice period, which is not subject to any suspensive or resolutory conditions, begins to run from the date the notification is delivered.
The reason for the termination must be stated in the notification.

→ Section 68 LC indicates that: Any termination of an open-ended employment contract without notice or without the notice period having been fully observed entails an obligation for the party initiating the termination to pay the other party compensation in lieu of notice, subject to the provisions of Section 67 [see below].
The amount of this compensation corresponds to the remuneration and benefits of any kind that the employee would have received during the notice period that was not actually observed.

→ Section 67 LC states that: During the notice period, both the employer and the employee are bound to fulfill all their reciprocal obligations.
The party against whom these obligations are not fulfilled is relieved of the obligation to observe the remaining notice period, without prejudice to any damages they deem appropriate to claim from the competent court.
During the notice period, the employee is entitled to two working days off per week at full pay to look for another job.
However, in the event of dismissal, and when the dismissed employee is required to take up new employment immediately, they may, after informing the employer, leave the company before the expiry of the notice period without being required to pay any compensation.

→ Section 314 LC provides that: Any dismissal of a full or alternate employee representative contemplated by the employer or their representative must be submitted to the labour inspector for review. (...).

▷ Under the LC, notification to workers' representatives (délégués du personnel) is required only in specific cases. In most individual dismissals, there is no such obligation.
▷ Workers' representatives must be consulted in cases of temporary layout and economic/collective dismissals.
→ Section 94 of LC provides that: Temporary layoffs are the cessation of activity at an establishment due to an insurmountable event.
It can be total or partial.
Implementation of temporary layoffs is subject to consultation with employee representatives.
→ Section 99 LC indicates that: An employer considering the dismissal of more than one employee for economic reasons must consult with employee representatives and explore all possible solutions to maintain employment. (...).
Also see Sections 101 and 102 of the LC.

→ Section 103 LC stipulates that: Staff representatives and union representatives can only be dismissed if their job is eliminated and after prior authorization from the relevant labour inspector.
→ Section 314 LC provides that: Any dismissal of a full or alternate employee representative contemplated by the employer or their representative must be submitted to the labour inspector for review.
However, in cases of serious misconduct, the employer may temporarily suspend the employee pending this review.
The labour inspector's response must be provided within fifteen days, except in cases of force majeure. After this period, authorization is deemed granted.
If authorization is not granted, the employee representative is reinstated with payment of salary for the period of suspension.
The labour inspector's decision may be appealed to the Minister of Labour.
The Minister's decision may be appealed to the administrative court.

No statutory provisions were found in the examined legislation in this respect.

Sec. 77 LC.

Sec. 21 LC : compulsory written notification to the Ministry of Labour every time an employer hires or dismisses a worker.

Except for a shop steward or a candidate for a shop steward (sec.293 LC).

→ Section 34(1) LC indicates that : A contract of employment of unspecified duration may be terminated at any time at the will of either party. Such termination shall be subject to the condition that previous notice is given by the party taking the initiative of terminating the contract. Notification of termination shall be made in writing to the other party and shall set out the reason for the termination.

→ Section 36(1) LC indicates that: Whenever a contract of employment of unspecified duration is terminated without notice or without the full period of notice being observed, the responsible party shall pay to the other party compensation corresponding to the remuneration, including any bonuses and allowances which the worker would have received for the period of notice not observed.
→ Section 40(5) provides that in cases of economic dismissal: Where a worker states in writing that he does not accept the measures referred to in the above paragraph, he shall be dismissed with pay in-lieu-of notice and severance pay, where he meets the conditions for enjoyment thereof

Under the Labour Code, prior notification of the public administration is not required for ordinary workers dismissals.
It is mandatory only in cases of dismissal of a staff representative.
→ Section 130(1) indicates that: An employer or his representative proposing to terminate the appointment of a staff representative, whether permanent of substitute, shall be bound to seek and obtain the prior authorization of the local Labour Inspector.

Prior approval by workers’ representatives is not required for any individual dismissal (including ordinary workers or protected categories). The Notification is only mandatory in cases of dismissal on economic grounds (§ 40 LC).

▷ Under the Labour Code, prior notification and authorisation of the public administration is not required for ordinary workers' dismissals. It is mandatory only in cases of dismissal of a staff representative.
→ Section 130(1) indicates that: An employer or his representative proposing to terminate the appointment of a staff representative, whether permanent of substitute, shall be bound to seek and obtain the prior authorization of the local Labour Inspector.

No statutory provisions were found in the examined legislation in this respect.

Sec. 230(1)a) CLC.

Sec. 230(1)b) CLC.

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' 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's wages to the employee.

→ Section 138 LC indicates that: Termination is the act by which one party exercises its right to end the employment contract in the cases provided for in this Code.
The termination of an employment contract, except in cases of automatic dissolution, must be notified in writing by the party initiating it.

→ Section 151 LC indicates that: Any termination of an indefinite-term contract without the notice period having been fully observed entails an obligation for the responsible party to pay the other party compensation equal to the remuneration and benefits of any kind that the worker would have received during the notice period that was not actually respected. (...).

→ Section 80 LC indicates that: Any dismissal of a staff representative contemplated by the employer or their representative must be subject to the prior authorization of the Labour and Social Laws Inspector for the relevant jurisdiction.
However, in the event of proven serious misconduct, the employer may immediately impose a provisional suspension on the employee pending the final decision of the Labour and Social Laws Inspector. If the dismissal is refused by the Inspector, the suspension is automatically cancelled and its effects terminated.

Only required in cases of collective dismissal for economic reasons (§ 143 LC).

→ Section 80 LC indicates that: Any dismissal of a staff representative contemplated by the employer or their representative must be subject to the prior authorization of the Labour and Social Laws Inspector for the relevant jurisdiction.
However, in the event of proven serious misconduct, the employer may immediately impose a provisional suspension on the employee pending the final decision of the Labour and Social Laws Inspector. If the dismissal is refused by the Inspector, the suspension is automatically cancelled and its effects terminated.

No statutory provisions were found in the examined legislation in this respect.

Sections 149 to 156
→ Section 149 LC concerning dismissals for personal reasons, the employer who intends to dismiss an employee must convene a meeting through a letter delivered by hand against receipt in the presence of a staff representative when the employee is illiterate, or in the presence of another employee of the company who can read and write. When delivered by hand is not possible, the notice is sent by registered letter with acknowledgement of receipt.
→ Under Section 154 LC, (...) when an employer decides to dismiss a worker, he/she must notify the employee of the dismissal by letter delivered or sent, under conditions identical to those provided for in the first paragraph of Section 149.

▶ Labour Code
→ Section 166 LC indicates that: The employer who does not respect his/her obligation to give notice is ordered to pay the employee compensation corresponding to the wages and benefits of any kind that the employee would have received if he/she had worked.
This compensation is not due from the employer if the employer terminates the notice period for serious misconduct by the employee during the notice period.
▶ Collective Agreement
→ Section 37 of the General Collective Agreement provides that: Either party may be released from the obligation to give notice by paying the other party compensation equal to the remuneration and benefits of any kind the employee would have received during the remaining notice period had they continued working. In this case, no job search allowance will be paid.
In the event of dismissal and when the notice period has been served at least halfway, the dismissed worker who is obliged to take up a new job immediately may, after providing all necessary justifications to the employer, leave the establishment before the expiry of the notice period, without having to pay compensation.

▷ The requirement to notify the public administration is not systematic and applies only to specific cases.
→ Under Sections 121 to123 of the LC, authorization of the Labour Inspector is required for dismissal of an employee whose contract of employment is suspended for a work-related accident or occupational disease.

→ Under Section 149 LC, an employer who is considering dismissing an employee must summon the employee to an interview by means of a letter delivered by hand against a receipt, in the presence of a staff representative, when the employee is illiterate, or failing that, in the presence of another employee of the company who can read and write.
▻ When hand delivery is not possible, the summons is sent by registered letter with acknowledgement of receipt.

▷ The requirement to notify the public administration is not systematic and applies only to specific cases.
→ Under Sections 121 to123 of the LC, authorization of the Labour Inspector is required for dismissal of an employee whose contract of employment is suspended for a work-related accident or occupational disease.
→ Section 122 LC indicates that: Except in cases of gross misconduct or where it is impossible to maintain the contract, no employer may dismiss an employee whose contract is suspended pursuant to the preceding Section (§ 121 suspended for a work-related accident or occupational disease). The validity of these situations is subject to prior review by the Labour Inspector, from whom authorization for dismissal must be requested.
The Inspector's failure to respond within thirty days constitutes authorization.
→ Under Section 123 LC, where, after the suspension (pursuant to the § 121) has ended, the worker is deemed unfit to continue in his/her previous capacity, the employer has a legitimate and serious reason to dismiss an employee for whom no suitable position exists, or who refuses a redeployment offer that matches their skills. The reality of such situations is subject to prior control of the Labour Inspector, who must be asked for authorization to dismiss the employee. Failure to respond within thirty days constitutes authorization.
▷ Workers' representative
→ Section 394 states that: Any dismissal of a full or alternate staff representative must be subject to the prior authorization of the Labour Inspector.
The same applies to the dismissal of a former staff representative during the twelve months following the expiry of their term of office as to the dismissal of unsuccessful employee candidates during the six months following the date on which the employer became aware of their application.

No statutory provisions were found in the examined legislation in this respect.

See art. 161 and 162 LC.

- Economic dismissal: art. 162 LC
- Desahucio: art. 161 LC

Notification to the Labour Inspectorate, at the time the worker receives the dismissal notice is required for any type of dismissal.
* Conduct-based dismissal: art. 162
* Dismissal based on the requirements of the undertaking: art. 162 LC.
* Dismissal without cause in the cases established in article 161 (desahucio): art. 161 LC.

However, judicial authorization is required when the employer intends to dismiss workers who benefit from the "fuero laboral" (art. 174 LC - see special protection)

→ Section 44 ECL indicates that: A labour contract shall be terminated under one of the following circumstances:
(1) The term of the contract expires;
(2) The worker concerned begins to enjoy the benefits of the basic old-age insurance pension in accordance with the law;
(3) The worker concerned dies, or is declared dead or missing by the people’s court;
(4) The employing unit is declared bankrupt in accordance with the law;
(5) The business license of the employing unit is revoked, the employing unit is ordered to close down or to dissolve, or it decides to dissolve on an earlier date; or
(6) any other circumstances provided for by laws and administrative regulations.

→ Section 40 ECL indicates that: In one of the following circumstances, an employing unit may revoke the labour contract, if it notifies in writing the worker of its intention 30 days in advance or after paying him an extra one month salary:
(1) The worker is unable to take up his original work or any other work arranged by the employing unit on the expiration of the specified period of medical treatment for illness or for injury incurred when not at work;
(2) The worker is incompetent for the post and remains incompetent after receiving training or being assigned to another post; or
(3) The objective conditions taken as the basis for the conclusion of the contract have greatly changed, so that the original labour contract cannot be performed, and, after consultation between the employing unit and the worker, no agreement is reached on modification of the contents of the labour contract.

→ Section 40 ECL indicates that: In one of the following circumstances, an employing unit may revoke the labour contract, if it notifies in writing the worker of its intention 30 days in advance or after paying him an extra one month salary:
(1) The worker is unable to take up his original work or any other work arranged by the employing unit on the expiration of the specified period of medical treatment for illness or for injury incurred when not at work;
(2) The worker is incompetent for the post and remains incompetent after receiving training or being assigned to another post; or
(3) The objective conditions taken as the basis for the conclusion of the contract have greatly changed, so that the original labour contract cannot be performed, and, after consultation between the employing unit and the worker, no agreement is reached on modification of the contents of the labour contract.

No statutory provisions were found in the examined legislation in this respect.

→ Section 43 ECL indicates that: Where an employing unit intends to revoke a labour contract unilaterally, it shall notify the trade union of the reasons in advance. If the employing unit violates the provisions of laws or administrative regulations or the labour contracts, the trade union shall have the right to demand that the employing unit put things right. The employing unit shall consider the trade union’s opinion and notify the trade union in writing of the settlement of the matter.

No statutory provisions were found in the examined legislation in this respect.

However, under section 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 rectify the matter. The employer shall consider the trade union's opinion and notify it in writing of how it handled the matter.

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.

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.

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].

Article 52 of the Labour Code (former art. 54). [Note: article 52 of the new LC now explicitly uses the term "compensation in lieu of notice" to refer to such payment].

However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]).

However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]).

Under section 76 of the LC, any termination of an employment contract must be communicated in writing by the initiating party to the other party. When the employer initiates the termination, the written notification must explicitly state the reason for the termination.

→ Under section 63 of the LC, if an employment contract is terminated without providing the required notice period or without fully observing it, the party responsible for the breach must pay the other party compensation. The compensation amount equals the remuneration and all benefits the worker would have received during the unfulfilled notice period.

▶ LC 2021
→ Section 78 LC requires the employer to notify the administration in the event of an economic dismissal. When employers plan to lay off one or more employees for economic reasons, they must follow a prescribed procedure. The Labour Inspector ensures that the employer complies with this procedure and the criteria used for selecting employees for dismissal. If the procedure or criteria are not followed, the Labour Inspector notifies the employer in writing, and the employer must respond before proceeding with the dismissals.
▶ Ministerial Order No. 006 (2010)
→ Section 1 of the Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker provides that the employer shall report any termination (e.g. dismissal or resignation) of a worker for whatever reason to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours.

→ Under section 78 of the LC, the employer planning to dismiss one or more employees for economic reasons must inform the workers' representatives in the company in writing at least fifteen days in advance. This notification must outline the measures the employer intends to take, with the purpose of gathering suggestions from the representatives before proceeding with the dismissals.

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

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.

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)

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

▷ Dismissal for personal reasons
→ Under Section 17.4 LC, the reason for dismissal can be related to the employee's personal circumstances, such as their health, their ability to perform the job, professional incompetence, or misconduct. This is known as dismissal for personal reasons. An employer who dismisses an employee for personal reasons must notify them in writing. The dismissal letter must include, among others: The reason(s) for the termination.

▷ Termination of employment
→ Under Section 18.4 LC, termination of an employment contract is subject to a notice period given by the party initiating the termination. If there are no collective agreements in place, a decree will determine the conditions and length of this notice period, taking into account factors like the contract's duration and the professional category of the employee.
The party terminating the contract must notify the other party in writing. If the employer is the one initiating the termination, this notification must include the reasons for the decision.

→ Section 18.7 indicates that: Any termination of a permanent employment contract without notice or without the notice period being fully observed obligates the responsible party to pay the other party an indemnity whose amount corresponds to the remuneration and benefits of all kinds that the worker would have received during the notice period that was not effectively respected.
However, the contract may be terminated without notice in the case of gross misconduct, subject to the assessment of the competent court regarding the seriousness of the misconduct.

▷ Disciplinary sanction: Dismissal for personal reasons
Under Chapter 5 (§§ 17.1-17.5) the disciplinary measures taken towards employee include dismissals.
→ Under Section 17.4 LC, the reason for dismissal can be related to the employee's personal circumstances, such as their health, their ability to perform the job, professional incompetence, or misconduct. This is known as dismissal for personal reasons. An employer who dismisses an employee for personal reasons must notify them in writing. The dismissal letter must include, among others: The reason(s) for the termination.
At the same time the employer notifies the employee, they must also inform the local labour inspector in writing with the same details as those in the dismissal letter.

▷ Dismissal of a workers' representative
→ Under Section 61.8 LC, any dismissal of a staff representative by the employer requires prior authorization from the labour inspector.
The request for this authorization must be sent to the local labour inspector, with a copy also given to the employee.
If the employee has committed a serious offense, the employer can immediately suspend them from work on a temporary basis while awaiting the labour inspector's decision. In such a case, the request for dismissal authorization must be sent to the labour inspector within four working days.

▷ Collective dismissal for economic reasons
→ Notification of public administration is further required for dismissal of more than one employee (collective dismissal). See below under the segment on "Collective Dismissal" references to sections 18.10 and 18.11 LC as modified by the Ordinance No. 2021-902 of December 22, 2021, (entry into force in 2023) and the Decree n°2024-144 du 13 Mars 2024.

▷ Disciplinary sanction: Dismissal for personal reasons
→ Under Section 17.5 LC, before any disciplinary action is taken, including dismissal, the employee must be given the opportunity to explain themselves. They have 72 hours from receiving the request to respond, either in writing or verbally, with an explanation. If they choose to respond verbally, they can be assisted by one to three staff representatives. The employer must then transcribe the verbal explanation in the presence of the staff representatives who attended the hearing.
The transcribed explanation is read, signed by the employee, and countersigned by the employer and the people who assisted the parties.

▷ Dismissal of a workers' representative
→ Under Section 61.8 LC), any dismissal of a staff representative by the employer requires prior authorization from the labour inspector.
The request for this authorization must be sent to the local labour inspector, with a copy also given to the employee.
If the employee has committed a serious offence, the employer can immediately suspend them from work on a temporary basis while awaiting the labour inspector's decision. In such a case, the request for dismissal authorization must be sent to the labour inspector within four working days.
The motivated decision of the labor inspector, following a thorough investigation, must be made within a maximum period of one month. This decision is simultaneously and in writing communicated to both the employee and the employer.
The labour inspector's decision can be appealed through the standard legal channels for administrative decisions.

No statutory requirement was identified in the reviewed legislation.

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.

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

Article 9, paragraph 5, of TEA.

Article 11 TEA

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:
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.

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.

Sec. 50(1) LC

Sec. 61 (1) LC. Notification is mandatory in both cases of ordinary dismissal and immediate termination (serious misconduct).

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.

With regards to blue-collar workers, the notice period is not provided in the law but in individual or collective agreements.

Sec. 2 (7) ESEA.

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.
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.
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.

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.

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.

In cases involving dismissals for misconduct or just cause, the employer must seek approval by the Labour Inspector.
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.
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.

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 (“visto bueno”) 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 (“despido intempestivo”).

→ Section 156 LL 2025 indicates that: Without prejudice to Section 165 of this Law, in the case of an indefinite employment contract, either party may terminate it, provided that written notice is given to the other party at least three months in advance.
→ Section 158 LL 2025 stipulates that: Notice of termination may not be made conditional upon a suspensive or resolutory condition.
▻ The notice period begins on the date it is received by the other party.
→ Section 159 LL 2025 provides that: Notice may not be given during the employee’s leave, and the notice period shall only begin on the day following the end of the leave.
→ Section 160 LL 2025 states that: The employment contract remains in force during the notice period, and both parties must perform their obligations. The contract terminates upon the expiration of this period.
→ Section 161 LL 2025 indicates that: It is not permitted to waive or reduce the notice period. However, the parties may agree to extend it.
▻ The employer may waive the requirement for notice wholly or partially when the employee initiates the termination.
▻ If the employee takes sick leave during the notice period, the notice period is suspended and resumes the day after the sick leave ends.

→ Section 164 LL 2025 indicates that: If the employer terminates an indefinite employment contract without notice or before the notice period ends, the employer must pay the employee an amount equal to their wage for the notice period or the remaining part thereof.
The notice period (or the remainder) shall be considered part of the employee’s service period, and the employer shall remain liable for all related obligations.
If the termination is initiated by the employee, the contract ends upon the employee leaving the job.

No statutory provisions were found in the examined legislation regarding individual dismissals. However, for Collective/Economic Dismissals, the employer must submit a request (with reasons, procedures, and affected workers) to a committee (under the Ministry of Manpower) for approval (§ 237 LL 2025).

No statutory provisions were found in the examined legislation in this respect.
However, under Section 141 LL 2025, no disciplinary sanction may be imposed on the employee unless they have been:
▻ Notified in writing of the alleged violation,
▻ Heard and given the opportunity to present their defence,
▻ And a record of the investigation is kept in their personal file.
The investigation must commence within seven (7) days of discovering the violation and be completed within three (3) months. An extension of up to another three months may be granted if new facts or documents emerge.
The employee’s labour union may assign a representative to attend the investigation.

→ Section 148 LL 2025 indicates that: (regarding disciplinary penalties) Only the competent labour court has jurisdiction to impose the penalty of dismissal. All other disciplinary penalties may be imposed by the employer or a delegated authority. The establishment’s manager may impose written warnings and deductions not exceeding three days’ wages.

No statutory provisions were found in the LL 2025 in this respect.

There are no statutory notice periods to be observed in the event of dismissal.

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.

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.
If the worker demands so, it can also include: 4) description of the worker’s efficiency and behaviour 5) reason of termination of contract.
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.

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).

Art. 95(1) ECA.

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.

No general obligation to notify the employees' representatives except if the employer intends to dismiss an employee's representative. Art. 94 ECA provides that before terminating an employment contract with the employees' 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' opinion.

Termination of an indefinite-term contract requires written notice. The notice must state the reasons for termination and the effective date. If the worker cannot be found or refuses to receive the notice, it can be posted on a notice board for 10 days.
→ Section 34 (1) LP states that:
(1) Notice of termination required under the provisions of this Proclamation shall be in writing. The notice shall specify the reasons
for the termination of the contract and the date on which the termination shall take effect.
(2) Notice of termination by the employer shall be delivered to the worker in person. Where it is not possible to find the worker or he
refuses to receive the notice, it shall be affixed on the notice board in the workplace of the worker for 10 consecutive days.

Section 44 LP regarding "effects of the unlawful termination of contract of employment) states that: Notwithstanding the provisions of Section 43, non-compliance by the employer with the notice requirements specified under Section 35 shall only result in the payment by the
employer, wages in lieu of the notice period.

The research materials do not mention a requirement to notify a public authority for individual dismissals.

No statutory notification is required for individual dismissals.

No statutory approval is required.

No statutory approval is required.

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.
However, if so requested by the employee, the employer must notify the employee without delay in writing of the date of termination 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).

Sec. 4, chap. 6, ECA.

Section 3a has been repealed by Act 204/2017.

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.

However, according to the Act on Co-operation within Undertakings (2007), notification to worker'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)

Letter of notification: art. L 1232-6 LC.
(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.)

Art. 1234-5 LC (not due in case of serious misconduct)

▷ Dismissal based on personal reasons
→ Section 64 LC 2021 requires that an employer contemplating the dismissal of an employee formally invite the employee to a preliminary interview via a hand-delivered letter, a bailiff, or electronically, ensuring proof of receipt is provided. This invitation must be delivered at least five working days prior to the interview and should outline, among other things, the reasons for dismissal consideration and the employee's right to assistance.
→ Under section 66 of the LC 2021, following a preliminary interview, an employer must notify the employee of their dismissal within forty-eight working hours after the reflection period ends. The dismissal letter must clearly outline the reasons for the termination.

→ Section 86 LC 2021 provides that any termination of an indefinite-term employment contract, without notice or without the notice period having been fully observed, entails the obligation to pay compensation in lieu of notice, the amount of which corresponds to the remuneration and benefits of any kind from which the worker would have benefited during the notice period which was not effectively observed.

▷ Notes: Although LC 2021 does not explicitly refers to notification of public administration, it is an inherent and mandatory component of the authorization process for dismissals under sections 70, 71, 207, and 303, as obtaining prior approval from the labour inspector necessarily involves notifying the public administration.
→ Under section 70 LC 2021, the termination of protected workers requires prior authorization from the labour inspector concerning the right of departure. Employers must request this authorization following an interview with the worker.
→ Section 71 LC 2021 indicates that any individual or collective dismissal based on economic grounds is subject to authorization from the relevant labour inspector.
→ Section 207 LC 2021 dismissal of pregnant women pregnant woman is subject to prior authorization from the relevant labour inspector.
→ Section 303 LC 2021 dismissal of representatives or his/her substitute is subject to the prior authorization of the labour inspector.

→ Under the LC 2021, specific provisions mandate notification or consultation with workers' representatives in certain scenarios, particularly for individual or collective dismissal (§ 74) for economic reasons.
→ Under section 74 of LC 2021, an employer planning individual or collective dismissals for economic reasons must provide relevant information to staff representatives, the most representative union delegates, and members of the permanent economic and social consultation committee. This includes the economic, financial, or technical reasons for the dismissals; the number, qualifications, nationality, seniority, age, and family status of affected workers (and similarly qualified unaffected workers); measures to avoid or limit dismissals and facilitate reemployment; and a social plan with funding, developed with the national employment agency for unavoidable dismissals. A social plan is mandatory only for collective dismissals involving at least ten workers. Representatives have eight working days to review the dismissal plan, followed by a consultation meeting with the employer, documented in a report with opinions, suggestions, and a provisional dismissal schedule. The employer must submit this information and the meeting report to the labour inspector alongside a written dismissal authorization request.

→ Under section 70 of the LC 2021, the termination of protected workers requires prior authorisation from the labour inspector. Employers must request this authorisation following an interview with the worker, and the inspector has fifteen days to make a decision. If no decision is made within this timeframe, the request will be considered approved, unless further investigation is deemed necessary. During this process, the worker may be suspended but is entitled to full compensation.
→ Section LC 2021 dismissal of pregnant woman, whose condition has been medically confirmed or whose pregnancy is
apparent, or any dismissal occurring within fifteen months following the date of delivery, is subject to prior authorization from the relevant labour inspector.
→ Section 303 LC 2021 dismissal of representatives or his/her substitute is subject to the prior authorization of the labour inspector. Any dismissal made without this authorization having been requested and granted is null and void.
→ In addition, section 71 LC 2021 indicates that any individual or collective dismissal based on economic grounds is subject to authorization from the relevant labour inspector.

On the basis of Article 38 (2) LC referred to above, the notice period could also be as follows:

tenure ≥ 6 months
3 day(s).
tenure ≥ 9 months
3 day(s).
tenure ≥ 2 years
3 day(s).
tenure ≥ 4 years
3 day(s).
tenure ≥ 5 years
3 day(s).
tenure ≥ 10 years
3 day(s).
tenure ≥ 20 years
3 day(s).

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. (...)
The LC requires that notification shall be made in written form 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; iv) other objective circumstances justifying termination of the employment contact.

Note that the official Georgian text of Articles 38(1) and 38(2) LC use the term “compensation” (ot “severance pay)” as used in the official English translation.
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.

Sec. 623 CC

Except for pregnant women, employees on parental leave or disabled employees.

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.
However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council'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.

Except for pregnant women, employees on parental leave or disabled employees.

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.
However, the validity of the dismissal does not depend on the council's approval. As a consequence of the council'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.

→ Section 17(3) LA: Notice of termination must be in writing.

→ Section 18 (4) LA indicates that: 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.

Notification of the public administration (e.g. Chief Labour Officer) is not required for individual dismissals.

Notification is not required for individual dismissals.

Approval is not required for individual dismissals.

Approval is not required for individual dismissals.

Art. 1 Act 2112/1920

Act No. 2112/1920, art. 3.

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).

Except for workers enjoying a special protection.

Notice period associated with the dismissal of the worker is not regulated.
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).

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.

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:
a) The date of their entry and exit;
b) The type of work performed; and
c) The ordinary and extraordinary salary accrued during the last payment period.
If the worker wishes, the certificate must also determine:
a) The way it worked; and
b) The cause or causes of the termination of the contract.

Notice period associated with the dismissal of the worker is not regulated

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

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.

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.

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).

•Sec. 22(3) of the LC

See above: protection of workers representatives against dismissals.

See above: protection of workers representatives against dismissals.

Sec. 13 MOS
Also IDA – section 25F (chapter V-A) and 25N (chapter V-B)

Sec. 13(1) MSO provides for the one month's pay in lieu for the monthly rated worker and two month'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)

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.

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.

Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
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

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.

Art. 151(2) requires that termination be negotiated.
Negotiation will involve the worker'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.

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.

Art. 151(2) requires that termination be negotiated.
Negotiation will involve the worker'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.

No specific form is prescribed in the LC.
Note, however, that termination of employment for continued violations of disciplinary rules requires previous written warnings (§ 27 LC).

Section 27 of LC "Where a worker is negligent in discharging his duties or if, after written warnings, he continues to violate the disciplinary rules of the workplace, the employer shall [...] terminate his employment contract."

However, notification to the Ministry of Labour is compulsory in the event of a dismissal of a foreign worker:
Section 125 of LC: "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."

Under section 27 of LC, the notification of a workers' representative is mandatory for dismissal in units where an Islamic Labour Council, Guild Society, or workers' representative is present. If these entities are not established, the dismissal requires the approval of the Board of Inquiry.

"Where a worker is negligent in discharging his duties or if, after written warnings, he continues to violate the disciplinary rules of the workplace, the employer shall, provided that the Islamic Labour Council is in agreement, be entitled to [...] terminate his employment contract.
[...]
"Note 1. 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’ representative, the termination of an employment contract shall be subject to the agreement of the Board of Inquiry (see section 158 of LC below)."

There is no general obligation to obtain the prior approval of the administration.
However, under section 27 of the LC, 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 in units where no Islamic Labour Council or Guild Society has been set up or where there is no workers' representative (§ 27 (Note.1) of LC).

Under section 131 (Note. 4) workers of any given unit may establish an Islamic Labour Council, a guild society or workers’ representatives.

→Note that under section 15 of the "Law on Formation of Islamic Labour Councils", the Islamic Labour Council must be established in workplaces engaged in production, industries, agriculture and services, having over 35 permanent employees (URL: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/91492/IRN91492.pdf).

Section 158 of LC. "The Boards of Inquiry provided for in this Code shall be composed of:
(1) one representative of the Ministry of Labour and Social Affairs;
(2) one representative of the workers to be selected and appointed by the Provincial Coordination Council of the Islamic Labour Councils;
(3) one representative of the managers of industries is to be selected by the Provincial Centre of Employers' Guild Societies. (§ 158 of LC)"
Therefore, in cases where disciplinary dismissals are subject to the approval of the Board of Inquiry, the administration plays a role in authorising the dismissal through the participation of one representative of the Ministry of Labour and Social Affairs in the Board.

Under section 27 of LC, termination on the grounds of continued violations of disciplinary rules 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, where no Islamic Labour Council or Guild Society has been set up or where there is no workers' representative, the termination of an employment contract shall be subject to the agreement of the Board of Inquiry.

→Note that under section 15 of LC "Law on Formation of Islamic Labour Councils", the Islamic Labour Council must be established in workplaces engaged in production, industries, agriculture and services, having over 35 permanent employees (URL: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/91492/IRN91492.pdf).

Article 2 of Law 604 of 1966 as amended by Article 1(37) of Law No. 92 of 2012.
An employer has to serve the dismissal in writing to the relevant employee, outlining the reasons grounding the dismissal.

Article 2118 CC provides that an indemnity in lieu of notice is due when the employee does not work during the notice period.

For those employees hired prior to 7 March 2015 and subject to Article 18 of the Workers’ Statute:
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.
For those employees hired as of 7 March 2015 and subject to Legislative Decree No. 23 of 2015 (so-called ‘Jobs Act’):
an employer does not need to notify the public administration: notice to the workers to be dismissed is sufficient.

Sec. 20(1) of LSA.

However, the answer should be "yes" for foreign workers:
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.
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)).
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.

There is no statutory provision requiring employers’ notification to workers’ representatives.
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).
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 workers’ representatives/unions.
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.

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).

Art. 23 A) LL: "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."

Art. 23 C) LL: "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."

Art. 53 of the Labour Code

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.

Again not applicable to all situations (see above 'notice period').

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.

Art. 27 LSA

Art. 26 LSA

Except in case of dismissal for managerial reasons: art. 24 LSA.

Art. 85 LC

Art. 85 LC

Art. 85 LC

Art. 85 LC

Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.

Remarks: The notice period for contracts of less than six months is one week’s notice (§ 130 (1)(c)).

Section 130 of the Labour Act 2024 on "Notice of termination" indicates that:
(1) In a contract without reference to limit of time, either party may terminate the contract upon giving the following notice where the worker has been continuously employed for -
(a) one year or more, one month’s notice;
(b) more than six months but less than one year, a fortnight's notice; or
(c) less than six months, one week’s notice.
(2) Nothing in this section shall prevent -
(a) the parties to a contract from agreeing on a longer period of notice of termination than is provided by this section;
(b) an employer waiving the right to receive a notice on any occasion;
(c) a worker from accepting payment in lieu of a notice in accordance with section 131;
(d) an employer from declining to give a notice of termination where the stated reason for the dismissal is a serious misconduct of such a nature that it would be unreasonable for the employer to continue to employ that worker during the notice period;
(e) an employer from setting a retirement age which would be applicable to all workers, which shall be sixty years minimum; or
(f) either party from otherwise terminating the contract for lawful cause in accordance with the provisions of this Act.

→ Section 130 (2)(c) of the Labour Act 2024 on "Notice of termination" indicates that: Nothing in this section shall prevent (...) a worker from accepting payment in lieu of a notice in accordance with section 131.

→ Section 131 of the Labour Act 2024 on "Payment in lieu of notice" indicates that:
(1) An employer may pay a worker in lieu of providing notice of termination under section 130.
(2) In such cases, the worker shall be paid a sum equal to the minimum notice period provided for in the act or the notice period agreed to by the employer and worker, including all wages due to the worker.
(3) Where the termination of employment under a contract without reference to limit of time is at the initiative of a worker in circumstances in which notice was required and the employer has not waived the right to notice, the worker may be ordered to pay the employer a sum equal to the basic wages to which the worker would have been entitled during the portion of the notice period that was not observed.
(4) The provision of subsection (3) may not be invoked if the termination of employment occurred in the circumstances referred to in section 130 (c).

The Labour Act, 2024, does not explicitly require employers to notify the public administration of dismissals.

The Labour Act, 2024, does not explicitly require employers to notify workers' representatives of dismissals.

The Labour Act, 2024, does not explicitly require approval by public administration or judicial bodies for dismissals.

The Lesotho Labour Act, 2024, does not explicitly require approval by workers' representatives for dismissals.

See art. L 124-3 LC
No legal requirement for employers with fewer than 150 employees to hold an interview with the employee before dismissal.
Specific article concerning employers having at least 150 employees: art. L 124-2 LC.
________
Art. L. 124-3 du Code du travail:
(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.
Art. L. 124-2 du Code du travail (tel qu'amendé par la loi du 23 juillet 2015):
(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. (...)
(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. (...)

Art. L. 124-6 LC:
La partie qui résilie le contrat à durée indéterminée sans y être autorisée par l’article L. 124-10 ou sans respecter les délais de préavis visés aux articles L. 124-4 et L. 124-5 est tenue de payer à l’autre partie une indemnité compensatoire de préavis égale au salaire correspondant à la durée du préavis ou, le cas échéant, à la partie de ce délai restant à courir.

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.

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.

However, when an employer intends to dismiss a workers' 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).

However, when an employer intends to dismiss a workers' 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).

An indefinite-term contract must be terminated with a written notice (§ 29(1). Additionally, for reasons related to capacity or conduct, the employee must be given an opportunity to defend themselves (§ 57(2)).
→ Under Section 29(1) EA, a contract of employment for an unspecified period of time may be terminated by either party upon giving the other party the following minimum period of notice in writing (...).
→ Section 57(2) EA, indicates that: The employment of an employee shall not be terminated for reasons connected with his capacity or conduct before the employee is provided an opportunity to defend himself against the allegations made, unless the employer cannot reasonably be expected to provide the opportunity.

Under Section 30 (2) EA, in lieu of providing notice of termination, the employer shall pay the employee a sum equal to the remuneration that would have been received and conferred on the employee all other benefits due to the employee up to the expiration of the required period of notice.

No statutory requirement was identified in the reviewed legislation.

No statutory requirement was identified in the reviewed legislation.

No statutory requirement was identified in the reviewed legislation.

No statutory requirement was identified in the reviewed legislation.

Sec. 12 (4) EA.

Sec. 13 (1) EA.

▷ Note: Negotiated termination
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Section L50 LL 2017 indicates that: The employer and the employee, when bound by an indefinite-term employment contract, can agree to a negotiated termination, as an alternative to resignation and dismissal.
▻ The employer or the employee can initiate the negotiated termination.
▻ It is formalized in a protocol freely signed by both parties.
▻ The employee's acceptance of a negotiated termination must not result from pressure exerted by the employer.
▻ The employee may be assisted during the meeting by a staff representative or another company employee.
▻ In the event of vitiated consent, the negotiated termination is null and void.
▻ The negotiated termination takes effect on the date specified in the protocol without either party having to observe a notice period. The protocol sets out the conditions for terminating the employment contract, including the specific amount of the severance payment, which may under no circumstances be less than the statutory severance/redundancy payment.
▻ A copy of the protocol is sent to the relevant labour inspectorate for information purposes.
▻ Arbitration administered by the labour inspectorate will settle disputes.

▶ Labour Code 1992
→ Section L.43 indicates that: The party initiating the termination of the contract must be able to prove that the notice period was given in writing. The notice period begins on the date of this notification. In the case of dismissal, the notice letter must state the reason for the dismissal.
→ Section L.52 stipulates that: If the dismissal of a worker is legitimate in substance but occurs without observance of the formality of written notification of termination or of the indication of its reason, the court must award the worker, to sanction the non-observance of the rules of form, compensation which cannot exceed one month of the worker's gross salary.

▶ Labour Code 1992
→ Section 42 LC indicates that: Failure to observe the notice period creates an obligation for the responsible party to pay the other party compensation equal to the remuneration and benefits of any kind that the worker would have received during the notice period that was not actually respected.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L40 LL 2017, any employer wishing to dismiss a worker is required to inform the relevant labour inspector by registered letter, including details about the worker and the employer, and the reason for the dismissal.
▻ The labour inspector has fifteen days to issue an opinion.
▻ If the reason(s) for the dismissal are contested, the worker may appeal to the labour court.
▻ Appealing to the labour court suspends the employer's decision.

▷ Provisions of Section L47 apply to any individual or collective dismissal carried out by an employer.
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L47 LL 2017, to try to avoid dismissal for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, technical unemployment, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L277 LL 2017, the authorization of the Labour Inspector is required before any dismissal of a staff representative, whether a full or alternate member, contemplated by the employer or their representative. The authorization or refusal of this authorization must be notified to the employer and the staff representative concerned. Failure by the Labour Inspector to respond within fifteen (15) days of the application being filed constitutes authorization for dismissal, except in cases where the Labour Inspector deems an expert assessment necessary. In this case, the deadline is extended to 30 days, and the Inspector must inform the employer in writing, before the expiration of the 15 days, of their decision to extend the deadline. Any dismissal that occurs in violation of the procedure outlined in the preceding paragraph is null and void, and the staff representative will be reinstated in their rights and reintegrated into the company.
▻ However, in cases of serious misconduct, the employer may immediately suspend the employee pending a final decision.
If authorization for dismissal is refused, the suspension is null and void.
▻ The above provisions apply to employees running for the position of union representative during the period between the date the lists are posted and the date of the election, as well as to elected representatives until the date of the new elections and for a period of six months following the expiration of their term.

No statutory provisions were found in the examined legislation in this respect.

Note: There is no fixed "1 year" or "6 months" tenure requirement for the notice period; the right is triggered once the legal and contractual trial period has been successfully completed.

→ Section 46 LC indicates that: Any termination is subject to prior notice, provided in writing, by the party initiating the termination. The reason for termination must be stated in this notice.
▻ The notice period must not be subject to any suspensive or resolutory conditions. It begins to run from the date the notice is given.
▻ However, termination of the contract may occur without prior notice in the event of gross negligence, which is subject to the discretion of the competent court.

→ Section 50 LC states that: Any termination of a permanent contract, without notice or without the notice period having been fully observed, subject to the provisions of Section 49, paragraph 3, entails an obligation for the liable party to pay the other party compensation known as "compensatory notice pay," the amount of which corresponds to the remuneration and benefits of any kind that the employee would have received during the notice period that was not actually observed.
If the termination of the employment contract occurs during the employee's leave, the compensatory notice pay, calculated in accordance with the provisions of the preceding paragraph, is doubled.

→ Section 45 LC provides that: In the event of early termination of a fixed-term contract subject to approval, the employer is required to notify the authority which approved the said contract within fifteen days.

Section 57 indicates that: In order to collect their suggestions, the employer must inform the staff representatives in writing, informing them of the reason for the planned dismissal(s), the categories of workers likely to be dismissed and the order in which they will be dismissed.
Note: Under Section 55 LC, dismissal for economic reasons applies to any individual or collective cases of dismissal for economic reasons resulting in one or more job losses.

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.
The statute of limitations to file any legal actions deriving from a dismissal will only start running until the worker receives personally the notification.
The failure to notify the worker personally or through the Tribunal, presumes the dismissal as unjustified, unless evidence to the contrary is provided.

Art. 184 LC

Except in case of dismissal of a trade union member or representatives (art. 87 LC).

Except for:
* a dismissal of trade union members on certain grounds,
* any dismissal of trade union representatives (art 87 LC).

This can be inferred from art. 43.3 LC: the employer shall provide the dismissed employee with the dismissal decision.

See articles 174 and 175 of New Labour Act above.

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.

Although individual dismissal itself does not require notification to workers´representatives, 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 .

▷ Disciplinary dismissal
→ Section 62 Lc indicates that: Before the employee is dismissed, he/she must be able to defend himself and be heard by the employer or the employer's representative in the presence of the employee representative or the union representative in the company that he/she chooses himself/herself within a period not exceeding eight days from the date of observation of the act attributed to him/her.
A report is compiled on this matter by the company's administration, signed by both parties, and a copy is provided to the employee.
→ Section 63 LC indicates that: The decision on disciplinary sanctions provided for in Section 37 above or the decision to dismiss is delivered to the employee concerned in person against receipt or by registered letter with acknowledgement of receipt, within 48 hours following the date on which the aforementioned decision was taken. (...).

Section 51 LC states that: Any termination of a permanent employment contract without notice or without the notice period having been fully observed, entails, as long as it is not motivated by serious misconduct, the obligation for the responsible party to pay the other party notice compensation equal to the remuneration that the employee would have received if he/she had remained in his position.

▷ Disciplinary dismissals
→ Section 64 LC indicates that: A copy of the dismissal decision or the letter of resignation is sent to the officer responsible for labour inspection. The dismissal decision must include the reasons justifying the employee's dismissal, the date on which the employee was heard, and be accompanied by the report referred to in Section 62 above. (...).
▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 67 LC indicates that: The dismissal of all or part of the employees, employed in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, for technological, structural or similar or economic reasons, is subject to authorization issued by the governor of the prefecture or province, within a maximum period of two months from the date of submission of the request by the employer to the provincial delegate responsible for labour.
The request for authorization must be accompanied by all necessary supporting documents and the minutes of the consultations and negotiations with employee representatives provided for in Section 66 above.
In the event of dismissal for economic reasons, the request must be accompanied, in addition to the above-mentioned documents, by the following supporting documents:
▻ a report including the economic reasons, requiring the application of the dismissal procedure;
▻ the state of the economic and financial situation of the company;
▻ a report drawn up by a chartered accountant or by an auditor accounts;
The provincial delegate responsible for work must carry out all investigations he/she deems necessary. He/she must send the file within a period not exceeding one month from the receipt of the request, to the members of a provincial commission chaired by the governor of the prefecture or province, for the purpose of examining and deciding on the file within the time limit set above.
The decision of the governor of the prefecture or province must be justified and based on the conclusions and proposals of the said commission.
▷ Note: Unlike dismissal for disciplinary reasons, which is individual, dismissal for technological or economic reasons can be individual or collective. The procedure to be followed depends on the number of employees dismissed, the size of the company, and the existence of employee representative bodies within the company (see: https://blog.ojraweb.com/licenciement-pour-motifs-technologiques-ou-economiques/).

▷ Disciplinary dismissal
→ Section 62 provides that: Before the employee is dismissed, he/she must be able to defend himself/herself and be heard by the employer or the employer's representative in the presence of the employee representative or the union representative in the company that he/she chooses himself within a period not exceeding eight days from the date of observation of the act attributed to him/her. (...).
▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 66 provides that: An employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural or similar or economic reasons, must bring their decision to the attention of the employee representatives and, where applicable, the union representatives at the company, at least one month before proceeding with the dismissal. He/she must, at the same time, provide them with all necessary information relating thereto, including the reasons for the dismissal, as well as the number and categories of employees concerned and the period in which he/she intends to undertake this dismissal.
▷ Note: Unlike dismissal for disciplinary reasons, which is individual, dismissal for technological or economic reasons can be individual or collective. The procedure to be followed depends on the number of employees dismissed, the size of the company, and the existence of employee representative bodies within the company (see: https://blog.ojraweb.com/licenciement-pour-motifs-technologiques-ou-economiques/).

▷ Dismissal of workers' representatives
→ Section 457 LC indicates that: Any disciplinary measure consisting of a change of department or task, any suspension or any dismissal of a permanent or alternate employee representative envisaged by the employer, must be the subject of a decision approved by the agent responsible for labour inspection.
▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 67 LC indicates that: The dismissal of all or part of the employees, employed in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, for technological, structural or similar or economic reasons, is subject to authorization issued by the governor of the prefecture or province, within a maximum period of two months from the date of submission of the request by the employer to the provincial delegate responsible for labour.
The request for authorization must be accompanied by all necessary supporting documents and the minutes of the consultations and negotiations with employee representatives provided for in Section 66 above.
In the event of dismissal for economic reasons, the request must be accompanied, in addition to the above-mentioned documents, by the following supporting documents:
▻ a report including the economic reasons, requiring the application of the dismissal procedure;
▻ the state of the economic and financial situation of the company;
▻ a report drawn up by a chartered accountant or by an auditor accounts;
The provincial delegate responsible for work must carry out all investigations he/she deems necessary. He/she must send the file within a period not exceeding one month from the receipt of the request, to the members of a provincial commission chaired by the governor of the prefecture or province, for the purpose of examining and deciding on the file within the time limit set above..
▷ Note: Unlike dismissal for disciplinary reasons, which is individual, dismissal for technological or economic reasons can be individual or collective. The procedure to be followed depends on the number of employees dismissed, the size of the company, and the existence of employee representative bodies within the company (see: https://blog.ojraweb.com/licenciement-pour-motifs-technologiques-ou-economiques/).

No statutory provision was found in the legislation reviewed.

→ Section 142 (1) of the Labour Law 2023 indicates that: In the case of employment contract termination, the employer must communicate in writing to each affected worker, to the trade union body, or, in its absence, to the representative trade union association and to the Ministry overseeing labour. (...).

▷ For Dismissal and Termination for Just Cause
The Labour Law 2023 does not expressly refer to "pay in lieu". However, under sections 141 and 142 of the Labour Law 2023, termination by the employer is permitted for structural, technological, or market-related reasons, provided a minimum notice period of 30 days is given before the termination date. If the employer does not provide this notice, they must pay the employees an amount equivalent to the wages they would have earned during the notice period (§§ 141(1) and 142(1 and 2)).
→ Section 141 (1) of the Labour Law 2023 indicates that: The employer may terminate one or more employment contracts with notice, provided this measure is based on structural, technological, or market reasons and is essential for the competitiveness, economic recovery, administrative or productive reorganisation of the company.
→ Section 142 (1 and 2) of the Labour Law 2023 indicates that:
1. In the case of employment contract termination, the employer must communicate in writing to each affected worker, to the trade union body, or, in its absence, to the representative trade union association and to the Ministry overseeing labour.
2. The communications referred to in paragraph 1 must be made at least 30 days in advance of the anticipated contract termination date.

▷ For Non-renewal of Fixed Term Contracts
For fixed-term contracts, either party who wants to terminate the employment relationship must provide written notice of 15 to 30 days prior to the contract's expiration. Failure to do so may result in the contract being automatically renewed or converted into an indefinite contract, and payment in lieu of notice may be required if termination occurs without proper notice (§ 43 (5 to 7)).
→ Section 43 (5 to 7) of the Labour Law 2023 provides that:
5. If one of the parties does not wish to renew the fixed-term employment contract, a notice period of:
a) 15 days, if the contract is equal to or longer than three months but not exceeding one year;
b) 30 days, if the duration of the contract is more than one year.
6. Failure to comply with the notice period referred to in paragraph 5 of this article obliges the violating party to pay compensation equivalent to the remuneration the worker would have received during the notice period.
7. In cases where a non-renewal clause of the employment contract is established, if the worker continues to perform the activity after the end of the contract, it converts into a contract for an indefinite period.

▷ For Expiration of Uncertain Term Contract
→ Section 46 (3 and 5) of the Labour Law 2023 provides that:
3. The expiration of the employment contract for an uncertain term, unless stipulated otherwise, must be communicated to the worker with a notice period subject to the following terms:
a) 15 days if the work period is more than six months and does not exceed three years;
b) 30 days if the work period is more than three years and does not exceed six years.
5. The employer who breaches the notice period of the uncertain term contract is obliged to pay compensation to the worker in the amount equivalent to the remuneration they would have earned during the notice period.

→ Section 142 (3) of the Labour Law 2023 indicates that:
1. In the case of employment contract termination, the employer must communicate in writing to each affected worker, to the trade union body, or, in its absence, to the representative trade union association and to the Ministry overseeing labour.
2. (...).
3. During the notice period, the employer is obliged to provide explanations and supply any requested information to the Labour Inspection-General. (...).

→ Section 142 (1) of the Labour Law 2023 indicates that: In the case of employment contract termination, the employer must communicate in writing to each affected worker, to the trade union body, or, in its absence, to the representative trade union association and to the Ministry overseeing labour. (...).

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:
(a) on any working day in respect of an employee who has been employed for four weeks or less
(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
(c) on the first or the 15th of the month in respect of an employee who has been employed for over a year.

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.

Except in the event of redundancy (see under "Collective dismissals for economic reasons"): Section 34 LA.

Except in the event of redundancy (see under "Collective dismissals for economic reasons"): Section 34 LA.

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”).

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.

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.

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 employee’s 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.
On the procedure to be followed, see Art. 7:671a and 7:671b CC.

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.
Alternatively he must turn to the Court to obtain the judicial rescission of the contract (see Art. 7:671b CC

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.
Procedural fairness is assessed by the court on a case-by-case basis.

The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
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).

Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

There are no statutory provisions concerning notice periods in the Labour Code.

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).

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).

▷ Labour Code (LC)
→ Section 79 indicates that: When an employer plans to dismiss an employee for reasons related to the employee's conduct or aptitude, he must, before making any decision, offer the person concerned the opportunity to defend himself against the accusations or to explain the reasons put forward.
→ Section 88 provides that: The termination of a permanent employment contract is subject to a notice period given by the party that initiates the termination.
▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
Section 32 of the ICA 2022 states that the party taking the initiative to terminate the contract must notify the other party of its decision in writing. This notification must be made either by sending a registered letter or by direct delivery of the letter to the recipient, against a receipt or in the presence of witnesses. The notice period begins to run from the date of the notification. The provision of this Section applies to all workers for whom registration in the employer's register is mandatory. In the event that the notification is made impossible by the worker's actions, it will be validly notified to the company's personnel representative with a copy to the competent labour inspector or their legal substitute.

▷ Labour Code (LC)
→ Section 90 LC indicates that: Subject to the provisions of the last paragraph of Section 89 above, any termination of a permanent contract without notice or without the notice period being fully observed, obligates the responsible party to pay the other party an indemnity whose amount corresponds to the remuneration and benefits of all kinds that the worker would have received during the notice period that was not effectively respected.
▻ However, the contract may be terminated without notice in the case of gross misconduct, subject to a written and reasoned notification of the termination and an assessment of the seriousness of the misconduct by the competent Court.
▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
→ Section 35 of the ICA 2022 indicates that: Either party may release itself from the obligation of providing a notice period by paying the other a compensatory indemnity. The amount of this indemnity corresponds to the remuneration and benefits of all kinds that the worker would have received during the remaining notice period, had he or she worked. (...).

Notification of public administration is required in cases of dismissal of a workers' representative (Section 227 and 228 LC) and of an economic dismissal (Section 80 LC).
→ Section 80 LC indicates that: The head of the company who plans to dismiss one or more employees for reasons that are economic, technological, or related to the organization of the company, must, before implementing their decision, convene and consult with the personnel representatives within the meaning of Section 211. He/she must also inform the labour inspector, who participates in the meeting.
→ Section 227 LC: Any dismissal of a personnel representative as defined in Section 211 of this Code that is considered by the employer or their representative must, regardless of the cause, be submitted to the decision of the labour inspector.
The inspector is required to render their decision within eight (8) days following the submission of the request for dismissal authorization. This period is extended to twenty-one (21) days in the case of an expert evaluation.
The inspector must notify the employer of their reasoned decision. A copy is also provided to the personnel representatives. (...).
Any dismissal of a personnel representative pronounced by the employer without having obtained the prior authorization of the labour inspector or despite the inspector's rejection of the request for authorization, is null and void.
The labour inspector's decision is subject to hierarchical appeal before the minister in charge of labour and to judicial review before the administrative Court.
→ Section 228 LC: The procedure provided for in Section 227 above is applicable for a period of six (6) months, starting from the expiration of their term, to the dismissal of former elected personnel representatives.
It is also applicable, from the publication of candidacies and for a period of three (3) months, to candidates presented in the first round of elections by the most representative workers' trade unions.
The procedure is also applicable to the dismissal of former union delegates during the six (6) months following the expiration of their term, provided that it has lasted for at least two (2) years.

In cases of economic dismissal, Section 80 provides that: The head of the company who plans to dismiss one or more employees for reasons that are economic, technological, or related to the organization of the company, must, before implementing their decision, convene and consult with the personnel representatives within the meaning of Section 211. He/she must also inform the labour inspector, who participates in the meeting.

▷ Labour Code (LC)
▻ Approval is required in cases of dismissals of workers' representatives, as per Sections 227 and 228 of the LC.
→ Section 227 LC: Any dismissal of a personnel representative as defined in Section 211 of this Code that is considered by the employer or their representative must, regardless of the cause, be submitted to the decision of the labour inspector.
The inspector is required to render their decision within eight (8) days following the submission of the request for dismissal authorization. This period is extended to twenty-one (21) days in the case of an expert evaluation.
The inspector must notify the employer of their reasoned decision. A copy is also provided to the personnel representatives. (...).
Any dismissal of a personnel representative pronounced by the employer without having obtained the prior authorization of the labour inspector or despite the inspector's rejection of the request for authorization, is null and void.
The labour inspector's decision is subject to hierarchical appeal before the minister in charge of labour and to judicial review before the administrative Court.
→ Section 228 LC: The procedure provided for in Section 227 above is applicable for a period of six (6) months, starting from the expiration of their term, to the dismissal of former elected personnel representatives.
It is also applicable, from the publication of candidacies and for a period of three (3) months, to candidates presented in the first round of elections by the most representative workers' trade unions.
The procedure is also applicable to the dismissal of former union delegates during the six (6) months following the expiration of their term, provided that it has lasted for at least two (2) years.
▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
→ Section 17 of the ICA 2022 indicates that: The placement of a temporary worker with a user company that has carried out an economic dismissal in the previous twelve (12) months is subject to the authorization of the Labour Inspector.
▷ See also: Sections 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

No. However, employers must consult with employee representatives in cases of economic dismissals (§ 80 LC).

→ Section 11 (1) LA: Either party to a contract of employment may terminate the contract on the expiration of notice given by him to the other party of his intention to do so.
→ Section 11(3) LA: Any notice for a period of one week or more shall be in writing.

→ Section 11(6) LA provides for payment in lieu of notice.
→ Section 11(9) further provides that: “In 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.”

Not specified in the LA.

Section 20 (1)(a) LA indicates that: In the event of redundancy, the employer shall inform the trade union or workers' representative concerned of the reasons for and the extent of the anticipated redundancy.

Not specified in the LA.

Not specified in the LA.

Art. 74(1) LRA. See also art. 85 LRA.

The employer and the employee may agree on the payment of a lump sum instead of observing the notice period.

However, such notification is required in order to dismiss a trade union representative (art. 200(3) LRA).

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).

Art. 15-4(1) WEA.

However, Art. 15-5(1) WEA states that if the notice is invalid, the employee may claim compensation.

Except for planned collective dismissals (see below).

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.
As a result of an amendment to art. 15-1 introduced in 2009 by Act n°39 of 19 June 2009 (in force since January 1st, 2010), art. 15-1 specifies that "the discussions must concern both the grounds for dismissal and any selection between two or more employees regarding who is to be dismissed."

As a general rule, the employer is not required to observe statutory notice period under the Panamanian labour legislation.
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.

Art. 214 LC.

Except for those workers listed in art. 212 LC to which the "just cause" requirement does not apply.

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 "Procedural requirements for collective dismissals for economic reasons".

Except for dismissals (individual and collective) on economic grounds: art. 216 LC Procedural requirements applicable to such dismissals are dealt with under the theme "Procedural requirements for collective dismissals for economic reasons".
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.

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.

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 worker´s salary during the term of the notice.
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.

There is no obligation to notify the public administration, apart from the situations provided by the law concerning redundancies (Articles 78 (h) Labour Code).
According to article 88, the prior notice might be given through the Administrative Labor Authority, but there is no obligation.

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. .

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's salary every month until the resolution or final agreement.

Art. 32 LPCL

Art. 292 b) LC. See aslo Omnibus Implementing Rules, Rule XIV, sec. 6. (in cases of regular employment).

No general obligation to notify the administration.
- No notification required in the event of a dismissal for a just cause.
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 employee’s 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)).

Art. 298 LC (former art. 283 LC):: Notice shall be served to the workers and the administration. No mention of worker's representatives.

However, "YES" for parties to a collective bargaining agreement (CBA). Although there is no provision in LC requiring notification to workers’ 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.
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.
Art. 267 of LC : Without undermining union’s 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.

The dismissal decision is to be delivered in writing (art.30, para.3 LC), specifying the reasons (art. 30, para. 4 LC)

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' 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.

Article 38, para. 1, LC provides that the employer's intention to terminate an indefinite time contract of employment with an employee shall be notified in writing to the establishment's trade union body representing the employee together with the declaration of reasons for termination of the contract. If the establishment'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)

In the case of the termination of employment without a notice due to the employee's fault, Art 52, para. 3, LC provides that the employer shall decide on the termination of the contract after having consulted the establishment'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's trade union
body shall state its post immediately, and in no case later than within three days.

Any dismissal decision shall be in writing.
(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)

The LC does not allow for pay in lieu of notice in the event of an individual dismissal.

(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).

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).

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).

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' 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).

Intervention of workers' representatives is required in all types of individual dismissals.

- Unsuitability:
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's qualification (art. 376(1) LC).

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).

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).

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 employees¿ representatives (art. 378 LC).

- Disciplinary dismissal:
Disciplinary dismissals are always preceded by a formal disciplinary process involving the worker's representatives. A copy of the written statement detailing the reasons for dismissal based on specific facts (statement of guilt - "nota de culpa") 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).
The final dismissal decision shall also be communicated to the works council (and the trade union, if applicable). (art. 357(6) LC)
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)

- Elimination of the post (redundancy):
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).
The workers' representatives and the employee have 10 days to reply to the proposed dismissal and may within 3 days from the employer's communication request the intervention of the Labour Inspection (art. 370 LC)
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's representatives and the relevant services of the Ministry of Labour (art. 371 LC)

No general obligation to notify the administration.
However, notification is requested in some specific cases as provided by art. 64 LC:
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. When no such vacancy is available, the employer must inform the competent territorial employment agency an request its support for redeploying the employee.

Article 84-1 of the Labour Code

Article 180 of the Labour Code provides on the pay in lieu of notice in case of dismissals for economic reasons.

Article 82 of the Labour Code: in case of termination of employment for economic reasons or for worker'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.

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.

•Art. 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.

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).

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 writing -
(a) one week’s notice if the period of continuous employment is more than twelve weeks but less than two years;
(b) two weeks’ notice if the period of continuous employment is two years or more but less than five years;
(c) four weeks’ notice if the period of continuous employment is five years or more but less than ten years; and
(d) six weeks’ notice if the period of continuous employment is more than ten years.

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 employees’ wages and other remuneration and confer on the employee all other benefits up to the expiry of any period of notice

Art. 75 LL.

Art. 76 LL.

Under Section L.50 LC, a written notice of termination must be delivered to the employee and must state the reason for termination.

Under Section L.53 LC, pay in lieu of "indemnité de préavis" is payable by the party that fails to observe the notice period, equivalent to the salary and benefits the worker would have received. This indemnity is doubled if the termination occurs while the employee is on leave.

Sections L.60 to L.62 require notification of public administration in case of an individual dismissal, collective dismissal, or dismissals based on economic grounds.
In addition, Section L.214 LC requires such notification for any dismissal of a workers' representative.

Under Section L.61 LC, in cases of collective dismissals, the employer must meet with employee representatives to explore alternatives to dismissal.

However, the requirement applies only to certain protected workers.
Under Section L.214 LC, the dismissal of employee representatives requires the prior authorization of the Inspector of Labour and Social Security.

In cases of dismissal, no approval is required from workers' representatives.

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.

Article 189 (1) Labour Law:

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.

Exception: Trade union must be notified in case of dismissal of trade union member: art. 181 LL.

Sec. 10 (5) EA.

Sec. 11 (1) EA.

Sec. 61 (1) and (2) LC.

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 either notice or severance pay but no longer both.

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).
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.
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).

(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'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's employment relationship lasted less than two years, b) two times their average monthly earnings, if the employee's employment relationship lasted at least two years and less than five years,, c) three times their average monthly earnings, if the employee's employment relationship lasted at least five years and less than ten years, d) four times their average monthly earnings, if the employee's employment relationship lasted at least ten years and less than twenty years, e) five times their average monthly earnings, if the employee's employment relationship lasted at least twenty years.

(3) If an employer terminates an employee'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.

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.

However, pursuant to sec. 240 (9) LC: " 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' representatives. As previous agreement shall be considered as also failure by the employees' representatives to grant consent in writing to the employer within 15 days of receiving the employer's request. The employer may only make use of this previous consent within a period of two months from its being granted”

Art. 86 (1) ERA

Art. 96 ERA (Compensation instead of period of notice)
(1) Instead of enforcing a part or the entire notice period, the worker and employer may agree on appropriate compensation.
(2) The agreement under the preceding paragraph must be in writing.

Article 86 ERA (Role of trade union and works council and/or worker representative)
(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.
(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.
(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.
(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.

Article 112 ERA (Workers’ delegates)
"(1) An employer may not cancel an employment contract
-with a member of a works council, a worker representative, a member of a supervisory board representing workers, a workers’ delegate in the council of the institute or
-with an appointed or elected trade union representative
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. (...)"

Exception:
Article 112 ERA (Workers’ delegates)
"(1) An employer may not cancel an employment contract
- with a member of a works council, a worker representative, a member of a supervisory board representing workers, a workers’ delegate in the council of the institute or
- with an appointed or elected trade union representative
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. (...)"

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.

Sec. 38 BCEA.

Except for individual dismissals based on operational requirements (see sec. 189 LRA).
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.

- Dismissal based on objective reasons: art. 53(1)a) ET.
- Disciplinary dismissal: art. 55(1) ET.

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).

No general obligation to notify the worker's representatives in the event of dismissal.
However, notification is required in the following cases:
- 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's representatives (art. 53(1)c) ET).
- Where a trade unions member or trade union representative is dismissed by way of disciplinary dismissal (art. 55 (1) ET - see also above "worker's enjoying special protection")

- 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.
The TEWA does not specify the form of the employer'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.
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)
- 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).

- 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.
- 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).

- 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.
- 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

- 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'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).

→ Section 50(2) LA indicates that: Except in cases where the contract of service provides for a longer period of notice, the contract of service shall terminate for the reason mentioned in sub-section (1) by a written notice by either party, (...).
→ Section 51(1) LA provides that:
(1) In the case of repeated contravention, if the worker is notified of dismissal where all or the maximum penalties prescribed were exhausted, the employer in the case of any succeeding breach, may terminate the indefinite contract of service by notice, the duration of which shall be fixed according to the provisions of sub-section (2) of section 50: provided that the employer shall give the worker a letter showing the reasons of the termination of the contract of service, and shall pay him/her all his/her entitlements.
(2) The notification shall automatically lapse if the worker has received a final notification and has not committed any contravention within the year that follows the date of notification.

→ Section 40(3) LA indicates that: If either party did not notify the other of the expiry of the contract of service, and under subsection (2), the injured party shall be paid compensation equivalent to the wage for the period of notice.

→ Section 55 LA indicates that:
(1) In all cases specified in sections 53 and 54, the contract of service shall not be terminated before referring the dispute to the competent authority to obtain approval. The Commissioner shall make the appropriate investigation concerning that case or cases, and he/she shall make his/her decision thereon within a maximum period of two weeks starting from the date of referring the dispute to him/her.
(2) In case of proof of any of the cases specified in Section 53, the employer may suspend the worker until the competent authority makes its decision.
(3) When the employer terminates the contract of service before referring the dispute to the competent authority or before the competent authority makes its decision, the following steps shall take place:-
(a) The worker shall be returned to his/her work together with payment of full wage for the period during which he/she was suspended; or
(b) Payment of all entitlements of the worker, including his/her wage for the period of suspension, plus the payment of compensation equal to six months' wages.
(4) If the worker leaves the work before referring the dispute to the competent authority or before the competent authority makes its decision, no wage is to be paid to him/her for the days during which he/she left the work.
(5) If the competent authority is not convinced of the reasons for termination of the contract of service under section 53, the competent authority shall make its decision that the contract of service is to continue in force, and the worker shall start his/her work and shall be paid all his/her entitlements for the period during which he/she was suspended. If the decision is the termination of the contract of service under section 53, the employer may terminate the contract of service and shall pay the worker not less than three-quarters of the gratuity entitled to, in addition to his/her other entitlements, except his/her wage for the period of notice.
→ Under Section 53 LA, an employer may terminate the contract of service of a worker without notice in the following cases:
(a) If the worker assumes the personality of another, or if they present forged papers for the purpose of work;
(b) If the worker made a mistake resulting in gross negligence that caused heavy financial loss to the employer;
(c) If the worker, despite being notified in writing, does not comply with any instructions made for the safety of the workers and of the undertaking, provided that such instructions are in writing and fixed in a conspicuous place.
(d) If the worker deliberately omits to carry out his/her obligations under the contract of service;
(e) If the worker discloses any industrial or commercial secrets which come to his/her knowledge in the course of his/her duties, save what the law permits;
(f) If the worker is convicted of an offence concerning honour or morality or conduct, or if they commit in the place of work an act inconsistent with morality;
(g) If the worker commits an assault on his/her employer or the responsible manager, which is punishable by law, or if, in the course of or during his/her work, commits any grievous assault to any of his/her superiors or any other worker;
(h) If the worker is found in an obvious state of drunkenness or was under the influence of an intoxicating drug, provided that the medical practitioner so decides.

No statutory provision was found in the legislation reviewed.

▷ In cases of termination of the contract of service without notification.
→ Section 55(1) LA indicates that: In all cases specified in Sections 53 and 54, the contract of service shall not be terminated before referring the dispute to the competent authority to obtain approval. The Commissioner shall make the appropriate investigation concerning that case or cases, and he/she shall make his/her decision thereon within a maximum period of two weeks starting from the date of referring the dispute to him/her.

Sec. 8 EPA: “Notice of termination by the employer must be given in writing”.

Exception as provided in sec. 30 EPA: “An 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 concluded”. (available at: http://www.government.se/4ac87e/contentassets/b58069e2c0f24aa6be53d8932de85d86/sfs-198280-employment-protection-act)

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.
The same rule applies in case of dismissal with immediate effect : art. 337 CO.

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.

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.

- 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.
- 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.

Art. 45 LC

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.

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.

Update as of 2016: Art. 44 LC: Workers representatives should be notified at least 2 weeks before the termination of the contract.

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' approval. The article, however, sets procedural clarity for notification/coordination between the parties.
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.
So technically the employer should get the agreement from workers representatives. However, it does not say what happens if workers representatives do not agree.

Art. 41(3) ELRA provides that notice of termination shall be in writing.

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.

Except in the event of termination based on operational requirements (retrenchment): art. 38(1) ELRA.

On notice periods: The employer wishing to terminate shall give the employee notice of termination at least "one full wage payment cycle" 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).
(source: Thailand Business Blog Law)

Notification to the worker to be dismissed: oral or written
Art. 17 LPA, as amended by LPA-No.2 of 2008 (art. 8): The prior notice of termination can be given in writing.

See Sec. 17(3) as amended by LPA No. 7 (2019) (Sec. 5) and Sec. 121 LPA (economic dismissals).
See also art. 582(2) CCC.

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' committee (art. 52 LRA).
Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

Art. 14bis LC.

The LC is silent with respect to pay in lieu of notice.
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).
___________________________
Le Code du travail ne fait pas référence à l'indemnité compensatoire de préavis. Toutefois, l'art. 16 de la Convention Collective (1973) stipule que' "en cas d'inobservation du délai - congé par la partie qui a pris l'initiative de la rupture, l'indemnité sera au moins égale au salaire effectif correspondant à la -durée du délai - congé ou à la période du délai - congé restant à courir."

Except for protected workers.
__________________
Sauf pour les catégories de travailleurs protégés

Except for protected workers.
__________________
Sauf pour les catégories de travailleurs protégés

Art. 44 LC

Art. 44(2) LC

Art. 45 LC: Any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives