- UAE national employees:
National employee account for a tiny proportion of the workforce in the private sector. [Some sources refer to 0.3%, (see:http://www.uaeinteract.com/docs/Emiratis_in_private_sector_make_0.3_percent_of_workforce/36439.htm) other to 7 % (see: http://story.arabherald.com/index.php/ct/9/cid/-e3942fd745a4fbc9/id/45389170/)]
Article 1 of the Decision 176 states that dismissal of a UAE national employee will be regarded as "illegal" (literally "without legal ground") in one of the following four circumstances:
On February 2009, a Ministerial Resolution No 176 restricting the conditions for dismissing a UAE national employees was adopted. This decision provides that the dismissal of a UAE national is unlawful in one of the following 4 circumstances:
1) where the UAE employee is dismissed for reasons other than those mentioned in Article 120 of the FLLR (i.e for reasons other those allowing for summary dismissal);
2) if it is proven that the employer retains a non-UAE national who is performing work similar to that performed by the dismissed UAE national;
3) the employer failed to inform the Ministry of Labour 30 days prior to the dismissal, or failed to comply with the Ministry's instructions within the designated times; and
4) if it is proven that the UAE employee was not paid the full compensation due to him and the payment of his full retirement benefits as specified in the Federal Law on Labour Relations, its implementing regulations, the contract of employment or any other contractually binding document.
Art. 3 of that Decision sets out the consequence of a violation of the Decision as follows: if the Ministry of Labour considers that the termination of the UAE national was unlawful it will inform the employer as which will then have 15 days to resolve the dispute with the UAE employee according to the directives of the Ministry. If the employer fails to resolve the dispute within this period, the matter is referred immediately to the relevant court and the Ministry will put stop issuing new labour permits (requested by the employer) until the court renders a final judgment in the matter.
(Note that the Ministerial Decision No. 176/2009 is not available in English but is summarized in Hadef and Partner, "Employment of UAE Nationals", 31 May 2009. The link to this article is provided below under "Scope of additional information")

- Workers on temporary sick leave:
The FFLR prohibits the dismissal of a worker on the ground that he or she is medically unfit to work before the worker exhausts all the periods of leave to which he entitled under the law (art. 124). Furthermore, an employer shall not dismiss a worker or serve a notice of dismissal while the worker is on annual leave or sick leave except in circumstances entailing summary dismissal (art. 90 FLLR).

- UAE national employees:
National employee account for a tiny proportion of the workforce in the private sector. [Some sources refer to 0.3%, (see:http://www.uaeinteract.com/docs/Emiratis_in_private_sector_make_0.3_percent_of_workforce/36439.htm) other to 7 % (see: http://story.arabherald.com/index.php/ct/9/cid/-e3942fd745a4fbc9/id/45389170/)]
Article 1 of the Decision 176 states that dismissal of a UAE national employee will be regarded as "illegal" (literally "without legal ground") in one of the following four circumstances:
On February 2009, a Ministerial Resolution No 176 restricting the conditions for dismissing a UAE national employees was adopted. This decision provides that the dismissal of a UAE national is unlawful in one of the following 4 circumstances:
1) where the UAE employee is dismissed for reasons other than those mentioned in Article 120 of the FLLR (i.e for reasons other those allowing for summary dismissal);
2) if it is proven that the employer retains a non-UAE national who is performing work similar to that performed by the dismissed UAE national;
3) the employer failed to inform the Ministry of Labour 30 days prior to the dismissal, or failed to comply with the Ministry's instructions within the designated times; and
4) if it is proven that the UAE employee was not paid the full compensation due to him and the payment of his full retirement benefits as specified in the Federal Law on Labour Relations, its implementing regulations, the contract of employment or any other contractually binding document.
Art. 3 of that Decision sets out the consequence of a violation of the Decision as follows: if the Ministry of Labour considers that the termination of the UAE national was unlawful it will inform the employer as which will then have 15 days to resolve the dispute with the UAE employee according to the directives of the Ministry. If the employer fails to resolve the dispute within this period, the matter is referred immediately to the relevant court and the Ministry will put stop issuing new labour permits (requested by the employer) until the court renders a final judgment in the matter.
(Note that the Ministerial Decision No. 176/2009 is not available in English but is summarized in Hadef and Partner, "Employment of UAE Nationals", 31 May 2009. The link to this article is provided below under "Scope of additional information")

- Workers on temporary sick leave:
The FFLR prohibits the dismissal of a worker on the ground that he or she is medically unfit to work before the worker exhausts all the periods of leave to which he entitled under the law (art. 124). Furthermore, an employer shall not dismiss a worker or serve a notice of dismissal while the worker is on annual leave or sick leave except in circumstances entailing summary dismissal (art. 90 FLLR).

Art. 57(a) LL provides that "no notice of termination shall be served upon female workers while on maternity leave, or upon workers while on leave. The notice period shall be calculated starting the day after the end of the leave or maternity leave."
See also article 122 LL: No employer may dismiss a female worker or terminate her contract while on maternity leave.

Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
* This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
* The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).

Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
* This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
* The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).

The Labour Law prohibits any transfer or termination of employment during any paid leave period unless the undertaking has been dissolved. This means that dismissal is not permitted during maternity leave (90 days).
However, this protection does not cover the entire pregnancy period.
→ Section 28 LL indicates that: Transfer, termination of contract and resignation of the worker are not permitted during legal paid leave and secondment periods, unless the organisation is completely dissolved.

▷ Trade unions
→ Section 175 LA on "Special definition of workers and right to organize", as amended by the 2025 Ordinance, provides broader worker coverage, strengthened trade union and anti-discrimination protections indicating that:
(1) Unless the context otherwise requires and notwithstanding anything contained in sections 1(4) and 2(65), in this Chapter “worker” means “worker” as defined in section 2(65) as well as a self-employed worker, a worker employed on a daily or temporary basis, or a person employed through a digital labour platform, and for the purposes of any proceedings in relation to an industrial dispute under this Chapter, any worker laid off, retrenched, discharged, dismissed or otherwise removed from employment in connection with or as a result of such dispute or any worker whose lay-off, retrenchment, discharge, dismissal or removal gives rise to such dispute, but does not include any guard, patrol or security staff of an establishment, any member of the fire-fighting staff and any confidential assistant.
(2) Administrative, supervisory officers or persons responsible for managerial work may form separate associations or societies for matters relating to their interests.
→ Section 195(d) LA prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
▷ New: The 2025 Ordinance inserts new clauses, including clauses (m), (p) and (t) after clause (l) of section 195 LA providing a broader protection for trade union membership and activities :
▻(m) If any worker or union member is terminated for any reason, no notice shall be issued or included in the database by blacklisting;
▻(p) Not to dismiss existing trade union officials in a biased manner and not to encourage the establishment of other trade unions;
▻(t) No worker shall be subjected to any retaliation at work for filing a complaint against the employer for violation of the terms and conditions of employment, or for participating in any activity, including through a helpline, or for seeking recourse from the appropriate administrative authority, or for giving evidence in an investigation into unfair labour practices as referred to in sub-section (2).
▷ Under section 2(78): (78) “Black Listing” means any activity undertaken by the owner or any organization of owners of an establishment, which is to prepare a list or database for the purpose of declaring the workers, including temporary and transfer workers, employed in an establishment under that establishment or any organization of owners, ineligible for re-employment in the factory or establishment after termination of employment due to retrenchment, discharge, dismissal, removal, retirement or any other reason;
→ Section 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (§ 228(2) LA).
▷ Maternity
→ Section 50 on restriction on termination of employment of a woman in certain cases provides that: If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six months before and 60 (sixty) dayseight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter.
Note: In section 50 of the LA, the words “eight weeks” has been replaced by the number, words and brackets “60 (sixty) days”.

▷ Trade unions
→ Section 175 LA on "Special definition of workers and right to organize", as amended by the 2025 Ordinance, provides broader worker coverage, strengthened trade union and anti-discrimination protections indicating that:
(1) Unless the context otherwise requires and notwithstanding anything contained in sections 1(4) and 2(65), in this Chapter “worker” means “worker” as defined in section 2(65) as well as a self-employed worker, a worker employed on a daily or temporary basis, or a person employed through a digital labour platform, and for the purposes of any proceedings in relation to an industrial dispute under this Chapter, any worker laid off, retrenched, discharged, dismissed or otherwise removed from employment in connection with or as a result of such dispute or any worker whose lay-off, retrenchment, discharge, dismissal or removal gives rise to such dispute, but does not include any guard, patrol or security staff of an establishment, any member of the fire-fighting staff and any confidential assistant.
(2) Administrative, supervisory officers or persons responsible for managerial work may form separate associations or societies for matters relating to their interests.
→ Section 195(d) LA prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
▷ New: The 2025 Ordinance inserts new clauses, including clauses (m), (p) and (t) after clause (l) of section 195 LA providing a broader protection for trade union membership and activities :
▻(m) If any worker or union member is terminated for any reason, no notice shall be issued or included in the database by blacklisting;
▻(p) Not to dismiss existing trade union officials in a biased manner and not to encourage the establishment of other trade unions;
▻(t) No worker shall be subjected to any retaliation at work for filing a complaint against the employer for violation of the terms and conditions of employment, or for participating in any activity, including through a helpline, or for seeking recourse from the appropriate administrative authority, or for giving evidence in an investigation into unfair labour practices as referred to in sub-section (2).
▷ Under section 2(78): (78) “Black Listing” means any activity undertaken by the owner or any organization of owners of an establishment, which is to prepare a list or database for the purpose of declaring the workers, including temporary and transfer workers, employed in an establishment under that establishment or any organization of owners, ineligible for re-employment in the factory or establishment after termination of employment due to retrenchment, discharge, dismissal, removal, retirement or any other reason;
→ Section 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (§ 228(2) LA).
▷ Maternity
→ Section 50 on restriction on termination of employment of a woman in certain cases provides that: If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six months before and 60 (sixty) dayseight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter.
Note: In section 50 of the LA, the words “eight weeks” has been replaced by the number, words and brackets “60 (sixty) days”.

Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.
On temporary work incapacity, see art. 118 LC

Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.
On temporary work incapacity, see art. 118 LC

Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.
On temporary work incapacity, see art. 118 LC

Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.
On temporary work incapacity, see art. 118 LC

▶ ECL
→ Under section 42 of the ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.
▶ Trade Union Law of the People of China (as revised in 2009)
→ Section 52 of the Trade Union Law (as revised in 2009) prohibits the dismissal for trade union activities, indicating that: section 52 If any of the following circumstances occur in violation of this Law, the labour administrative department shall order the person to be reinstated and to pay the wages due for the period of termination of the labour contract, or order the person to be paid compensation equal to twice their annual income: 
(a) Employees whose employment contracts are terminated due to their participation in trade union activities;
(ii) Trade union staff members whose labour contracts are terminated due to the performance of their duties as stipulated in this Law.

▶ ECL
→ Under section 42 of the ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.
▶ Trade Union Law of the People of China (as revised in 2009)
→ Section 52 of the Trade Union Law (as revised in 2009) prohibits the dismissal for trade union activities, indicating that: section 52 If any of the following circumstances occur in violation of this Law, the labour administrative department shall order the person to be reinstated and to pay the wages due for the period of termination of the labour contract, or order the person to be paid compensation equal to twice their annual income: 
(a) Employees whose employment contracts are terminated due to their participation in trade union activities;
(ii) Trade union staff members whose labour contracts are terminated due to the performance of their duties as stipulated in this Law.

▶ ECL
→ Under section 42 of the ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.
▶ Trade Union Law of the People of China (as revised in 2009)
→ Section 52 of the Trade Union Law (as revised in 2009) prohibits the dismissal for trade union activities, indicating that: section 52 If any of the following circumstances occur in violation of this Law, the labour administrative department shall order the person to be reinstated and to pay the wages due for the period of termination of the labour contract, or order the person to be paid compensation equal to twice their annual income: 
(a) Employees whose employment contracts are terminated due to their participation in trade union activities;
(ii) Trade union staff members whose labour contracts are terminated due to the performance of their duties as stipulated in this Law.

▶ ECL
→ Under section 42 of the ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.
▶ Trade Union Law of the People of China (as revised in 2009)
→ Section 52 of the Trade Union Law (as revised in 2009) prohibits the dismissal for trade union activities, indicating that: section 52 If any of the following circumstances occur in violation of this Law, the labour administrative department shall order the person to be reinstated and to pay the wages due for the period of termination of the labour contract, or order the person to be paid compensation equal to twice their annual income: 
(a) Employees whose employment contracts are terminated due to their participation in trade union activities;
(ii) Trade union staff members whose labour contracts are terminated due to the performance of their duties as stipulated in this Law.

▶ ECL
→ Under section 42 of the ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.
▶ Trade Union Law of the People of China (as revised in 2009)
→ Section 52 of the Trade Union Law (as revised in 2009) prohibits the dismissal for trade union activities, indicating that: section 52 If any of the following circumstances occur in violation of this Law, the labour administrative department shall order the person to be reinstated and to pay the wages due for the period of termination of the labour contract, or order the person to be paid compensation equal to twice their annual income: 
(a) Employees whose employment contracts are terminated due to their participation in trade union activities;
(ii) Trade union staff members whose labour contracts are terminated due to the performance of their duties as stipulated in this Law.

Sec. 293-295 LC
The dismissal of a shop steward or a candidate for shop steward can take place only after authorization from the Labor Inspector. Protection extended to former shop steward who relinquished their position for less than six months (sec. 282 LC).

Sec. 67 Trade Union Law
All workers who stand as candidates for elected leadership [and] management positions shall enjoy the same protection from victimization and dismissal as shop stewards. Such protection begins 45 (forty-five) days prior to the election and ends 45 (forty-five) days after the election if he or she is not elected. In order to enjoy such protection, the union shall notify the employer of the candidacy and submit a copy to the Ministry in charge of Labor, by any Unofficial Translation Page 25 of 39 certified means. The employer shall only be required to comply with these provisions once for each election of union leadership.

Sec. 182 LC: The employer is prohibited from laying off women during their maternity leave or at a date when the end of the notice period would fall during the maternity leave". This protection only applies during maternity leave and not the entire pregnancy.

Sec. 293-295 LC
The dismissal of a shop steward or a candidate for shop steward can take place only after authorization from the Labor Inspector. Protection extended to former shop steward who relinquished their position for less than six months (sec. 282 LC).

Sec. 67 Trade Union Law
All workers who stand as candidates for elected leadership [and] management positions shall enjoy the same protection from victimization and dismissal as shop stewards. Such protection begins 45 (forty-five) days prior to the election and ends 45 (forty-five) days after the election if he or she is not elected. In order to enjoy such protection, the union shall notify the employer of the candidacy and submit a copy to the Ministry in charge of Labor, by any Unofficial Translation Page 25 of 39 certified means. The employer shall only be required to comply with these provisions once for each election of union leadership.

Sec. 182 LC: The employer is prohibited from laying off women during their maternity leave or at a date when the end of the notice period would fall during the maternity leave". This protection only applies during maternity leave and not the entire pregnancy.

*Maternity leave and pregnancy: Section 37 (4) has been inserted in the EA in 2012 and it states that dismissing an employee during maternity leave constitutes an offence (former section 40 (3) EA). Unlike the previous Section 40 (3) EA (which now has been deleted), sec. 37 (4) of the amended EA provides that the prohibition of dismissal during maternity leave does not apply to termination on the grounds of the closure of the employer's business.
Prior to the 2012 amendments the provisions on maternity leave were applicable to female employees depending on their wages. As of April 2012, a new Section 44A has been introduced in the EA, and it states that maternity leave entitlements are now extended to all female employees, irrespective of their wage.
Constitutes also an offence the dismissal of a female employee who remains absent from work after the expiration of the protection period as a result of illness arising out of her pregnancy or confinement (sec. 42 (1) EA).

Special protection for local/national employees:
Sec. 60M EA provides that "no employer shall terminate the contract of service of a local employee for the purpose of employing a foreign employee."
Sec. 60N EA provides that "where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of the local employee."

*Maternity leave and pregnancy: Section 37 (4) has been inserted in the EA in 2012 and it states that dismissing an employee during maternity leave constitutes an offence (former section 40 (3) EA). Unlike the previous Section 40 (3) EA (which now has been deleted), sec. 37 (4) of the amended EA provides that the prohibition of dismissal during maternity leave does not apply to termination on the grounds of the closure of the employer's business.
Prior to the 2012 amendments the provisions on maternity leave were applicable to female employees depending on their wages. As of April 2012, a new Section 44A has been introduced in the EA, and it states that maternity leave entitlements are now extended to all female employees, irrespective of their wage.
Constitutes also an offence the dismissal of a female employee who remains absent from work after the expiration of the protection period as a result of illness arising out of her pregnancy or confinement (sec. 42 (1) EA).

Special protection for local/national employees:
Sec. 60M EA provides that "no employer shall terminate the contract of service of a local employee for the purpose of employing a foreign employee."
Sec. 60N EA provides that "where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of the local employee."

▷ Maternity
→ Section 35 of GLL 2023 on "protection against dismissal for objective reasons" provides that: During pregnancy and up to 12 months after childbirth, the worker enjoys the special regime of protection against individual dismissal for objective reasons in accordance with the provisions established for workers with reduced capacity.

▷ Special protection
Section 283 (1) of GLL 2023 provides for "special protection against dismissal" indicating that: The following are subject to special protection against dismissal:
a) Workers who exercise or have exercised the functions of union leader, union delegate or member of a workers' representative body in the legal exercise of union activity during the period of two years;
b) Women covered by the maternity protection regime;
c) Ex-combatants as defined by current legislation;
d) Minors;
e) Workers with reduced capacity with a degree of incapacity equal to or greater than 20%.

▻ Note: Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see sections 283 (3 and 4) of GLL 2023).

▷ Maternity
→ Section 35 of GLL 2023 on "protection against dismissal for objective reasons" provides that: During pregnancy and up to 12 months after childbirth, the worker enjoys the special regime of protection against individual dismissal for objective reasons in accordance with the provisions established for workers with reduced capacity.

▷ Special protection
Section 283 (1) of GLL 2023 provides for "special protection against dismissal" indicating that: The following are subject to special protection against dismissal:
a) Workers who exercise or have exercised the functions of union leader, union delegate or member of a workers' representative body in the legal exercise of union activity during the period of two years;
b) Women covered by the maternity protection regime;
c) Ex-combatants as defined by current legislation;
d) Minors;
e) Workers with reduced capacity with a degree of incapacity equal to or greater than 20%.

▻ Note: Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see sections 283 (3 and 4) of GLL 2023).

▷ Maternity
→ Section 35 of GLL 2023 on "protection against dismissal for objective reasons" provides that: During pregnancy and up to 12 months after childbirth, the worker enjoys the special regime of protection against individual dismissal for objective reasons in accordance with the provisions established for workers with reduced capacity.

▷ Special protection
Section 283 (1) of GLL 2023 provides for "special protection against dismissal" indicating that: The following are subject to special protection against dismissal:
a) Workers who exercise or have exercised the functions of union leader, union delegate or member of a workers' representative body in the legal exercise of union activity during the period of two years;
b) Women covered by the maternity protection regime;
c) Ex-combatants as defined by current legislation;
d) Minors;
e) Workers with reduced capacity with a degree of incapacity equal to or greater than 20%.

▻ Note: Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see sections 283 (3 and 4) of GLL 2023).

▷ Maternity
→ Section 35 of GLL 2023 on "protection against dismissal for objective reasons" provides that: During pregnancy and up to 12 months after childbirth, the worker enjoys the special regime of protection against individual dismissal for objective reasons in accordance with the provisions established for workers with reduced capacity.

▷ Special protection
Section 283 (1) of GLL 2023 provides for "special protection against dismissal" indicating that: The following are subject to special protection against dismissal:
a) Workers who exercise or have exercised the functions of union leader, union delegate or member of a workers' representative body in the legal exercise of union activity during the period of two years;
b) Women covered by the maternity protection regime;
c) Ex-combatants as defined by current legislation;
d) Minors;
e) Workers with reduced capacity with a degree of incapacity equal to or greater than 20%.

▻ Note: Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see sections 283 (3 and 4) of GLL 2023).

▷ Maternity
→ Section 35 of GLL 2023 on "protection against dismissal for objective reasons" provides that: During pregnancy and up to 12 months after childbirth, the worker enjoys the special regime of protection against individual dismissal for objective reasons in accordance with the provisions established for workers with reduced capacity.

▷ Special protection
Section 283 (1) of GLL 2023 provides for "special protection against dismissal" indicating that: The following are subject to special protection against dismissal:
a) Workers who exercise or have exercised the functions of union leader, union delegate or member of a workers' representative body in the legal exercise of union activity during the period of two years;
b) Women covered by the maternity protection regime;
c) Ex-combatants as defined by current legislation;
d) Minors;
e) Workers with reduced capacity with a degree of incapacity equal to or greater than 20%.

▻ Note: Any disciplinary dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see sections 283 (3 and 4) of GLL 2023).

▷ Pregnancy, maternity leave
→ Section 147 LC stipulates that: An employer cannot dismiss a woman on maternity leave. Furthermore, even with her consent, the employer cannot re-employ her within six weeks of giving birth. Any agreement to the contrary is null and void.
▷ Trade union membership or activities
→ 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 282 LC states that: Members in charge of the administration or management of a trade union benefit from the protection granted to staff representatives against dismissals and arbitrary transfers.
→ Section 286 indicates that: It is forbidden for any employer to take into consideration a worker's membership or non-membership in a trade union, the exercise of trade union activity, in particular, for hiring, the management and allocation of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and dismissal of a worker.

▷ Pregnancy, maternity leave
→ Section 147 LC stipulates that: An employer cannot dismiss a woman on maternity leave. Furthermore, even with her consent, the employer cannot re-employ her within six weeks of giving birth. Any agreement to the contrary is null and void.
▷ Trade union membership or activities
→ 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 282 LC states that: Members in charge of the administration or management of a trade union benefit from the protection granted to staff representatives against dismissals and arbitrary transfers.
→ Section 286 indicates that: It is forbidden for any employer to take into consideration a worker's membership or non-membership in a trade union, the exercise of trade union activity, in particular, for hiring, the management and allocation of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and dismissal of a worker.

Sec. 23(b) of the EA provides that an employer may not terminate the employment contract of an employee seeking office, as or acting or having acted in the capacity of an employee's representative;

Sec. 116 EA. Prohibits the dismissal of employees during maternity leave, and/or during leave of absence for a longer period due to illness related to pregnancy or childbirth.

Sec. 23(b) of the EA provides that an employer may not terminate the employment contract of an employee seeking office, as or acting or having acted in the capacity of an employee's representative;

Sec. 116 EA. Prohibits the dismissal of employees during maternity leave, and/or during leave of absence for a longer period due to illness related to pregnancy or childbirth.

▷ Pregnant women /women on maternity leave
→ Section 128 of the LC prohibits maternity-related discrimination in employment. Employers are forbidden from requiring a female job applicant to undergo a pregnancy test or provide a certificate regarding pregnancy status, except for jobs where pregnancy or breastfeeding poses a recognised or significant health risk to the woman or child, or where such work is wholly or partially prohibited for pregnant or breastfeeding women.
Under section 130 of the LC, a woman is entitled to suspend work for 14 consecutive weeks around childbirth—up to eight weeks post-delivery and six weeks pre-delivery—without this interruption being considered a cause for contract termination. The employer is prohibited from terminating the employment contract during this period.
▷Workers' representatives:
→ Section 258 LC outlines protections for union delegates (titular or alternate) regarding dismissal or transfer that would result in loss of delegate status. Any such dismissal or transfer requires prior approval from the Labour Inspector as a suspensive condition. If the employer cites gross misconduct, they may suspend the delegate’s duties as per section 72 of the Labour Code, but dismissal only takes effect after the Labour Inspector’s decision.
▻ The employer is required to notify the Labour Inspector via hand-delivered or registered letter with acknowledgement of receipt, and the Inspector must respond within one month; failure to do so implies approval.
▻ The Inspector’s decision can be appealed judicially as per a ministerial decree issued after consultation with the National Labour Council.
▻ Unless gross misconduct is proven, dismissed delegates are entitled to double the standard notice period under section 64, with a minimum of three months.
▻ Candidates for worker representation are protected from dismissal from the filing of electoral lists until the announcement of election results, and non-elected or non-reelected candidates receive the same extended notice period for six months post-election.
▻ In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

▷ Pregnant women /women on maternity leave
→ Section 128 of the LC prohibits maternity-related discrimination in employment. Employers are forbidden from requiring a female job applicant to undergo a pregnancy test or provide a certificate regarding pregnancy status, except for jobs where pregnancy or breastfeeding poses a recognised or significant health risk to the woman or child, or where such work is wholly or partially prohibited for pregnant or breastfeeding women.
Under section 130 of the LC, a woman is entitled to suspend work for 14 consecutive weeks around childbirth—up to eight weeks post-delivery and six weeks pre-delivery—without this interruption being considered a cause for contract termination. The employer is prohibited from terminating the employment contract during this period.
▷Workers' representatives:
→ Section 258 LC outlines protections for union delegates (titular or alternate) regarding dismissal or transfer that would result in loss of delegate status. Any such dismissal or transfer requires prior approval from the Labour Inspector as a suspensive condition. If the employer cites gross misconduct, they may suspend the delegate’s duties as per section 72 of the Labour Code, but dismissal only takes effect after the Labour Inspector’s decision.
▻ The employer is required to notify the Labour Inspector via hand-delivered or registered letter with acknowledgement of receipt, and the Inspector must respond within one month; failure to do so implies approval.
▻ The Inspector’s decision can be appealed judicially as per a ministerial decree issued after consultation with the National Labour Council.
▻ Unless gross misconduct is proven, dismissed delegates are entitled to double the standard notice period under section 64, with a minimum of three months.
▻ Candidates for worker representation are protected from dismissal from the filing of electoral lists until the announcement of election results, and non-elected or non-reelected candidates receive the same extended notice period for six months post-election.
▻ In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

→ Section 89 LC indicates that: 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 of the relevant jurisdiction.
→ Sections 252 and 253 LC provide for the protection against dismissal for workers during pregnancy or maternity leave .
→ Sections 133 LC states that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function.

→ Section 89 LC indicates that: 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 of the relevant jurisdiction.
→ Sections 252 and 253 LC provide for the protection against dismissal for workers during pregnancy or maternity leave .
→ Sections 133 LC states that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function.

→ Section 89 LC indicates that: 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 of the relevant jurisdiction.
→ Sections 252 and 253 LC provide for the protection against dismissal for workers during pregnancy or maternity leave .
→ Sections 133 LC states that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function.

→ Section 89 LC indicates that: 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 of the relevant jurisdiction.
→ Sections 252 and 253 LC provide for the protection against dismissal for workers during pregnancy or maternity leave .
→ Sections 133 LC states that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function.

→ Section 89 LC indicates that: 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 of the relevant jurisdiction.
→ Sections 252 and 253 LC provide for the protection against dismissal for workers during pregnancy or maternity leave .
→ Sections 133 LC states that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function.

Pregnant women cannot be dismissed during their maternity leave, except in cases of serious misconduct or a reason unrelated to their condition that makes the contract's continuation impossible. The dismissal of a staff representative (délégué du personnel) is subject to the prior authorization from the labour and social laws inspector.

▷ Maternity
→ Section 23.4 LC provides that: No employer may terminate the employment contract of a female employee who is in a medically certified state of pregnancy, nor during the entire period of suspension of the employment contract to which she is entitled, whether or not she uses this right.
However, the employer may terminate the contract if he can prove gross misconduct on the part of the employee, or if he is unable to maintain the said contract for a reason unrelated to the pregnancy, childbirth, or the adoption of a child under 15 years of age.

▷ Trade union and workers' representatives
→ Section 61.8 LC provides that: Any dismissal of a personnel delegate considered by the employer or their representative, regardless of the cause, must be submitted for prior authorization from the labour and social laws inspector.
The request for dismissal authorization is addressed to the competent labour and social laws inspector with a copy provided to the worker.
In the case of gross misconduct, the employer may immediately order the provisional suspension of the person concerned while awaiting the decision of the labour and social laws inspector. (...).
→ Under Section 51.8 LC, the general secretary and the first five assistant general secretaries of company union organizations and union sections cannot be transferred against their will during their term of office without the prior authorization of the competent labour inspector. Similarly, they cannot be dismissed without the latter's authorization.

Pregnant women cannot be dismissed during their maternity leave, except in cases of serious misconduct or a reason unrelated to their condition that makes the contract's continuation impossible. The dismissal of a staff representative (délégué du personnel) is subject to the prior authorization from the labour and social laws inspector.

▷ Maternity
→ Section 23.4 LC provides that: No employer may terminate the employment contract of a female employee who is in a medically certified state of pregnancy, nor during the entire period of suspension of the employment contract to which she is entitled, whether or not she uses this right.
However, the employer may terminate the contract if he can prove gross misconduct on the part of the employee, or if he is unable to maintain the said contract for a reason unrelated to the pregnancy, childbirth, or the adoption of a child under 15 years of age.

▷ Trade union and workers' representatives
→ Section 61.8 LC provides that: Any dismissal of a personnel delegate considered by the employer or their representative, regardless of the cause, must be submitted for prior authorization from the labour and social laws inspector.
The request for dismissal authorization is addressed to the competent labour and social laws inspector with a copy provided to the worker.
In the case of gross misconduct, the employer may immediately order the provisional suspension of the person concerned while awaiting the decision of the labour and social laws inspector. (...).
→ Under Section 51.8 LC, the general secretary and the first five assistant general secretaries of company union organizations and union sections cannot be transferred against their will during their term of office without the prior authorization of the competent labour inspector. Similarly, they cannot be dismissed without the latter's authorization.

▷ Union membership and opinion
→ Section 39 LC indicates that: Every wrongful termination of a contract may entail damages. In particular, dismissals effected because of the opinions of the worker or his membership or non-membership of a particular, trade union shall be considered to be wrongful.
→ Section 40 (7) Staff representatives may be dismissed only if their posts have been abolished and with the consent of the Labour Inspector of the area.
▷ Maternity
→ Section 84(1) LC stipulates that: Any pregnant woman whose pregnancy has been medically certified may terminate her contract of employment without notice and without being obliged on that account to pay the compensation provided for in Section 36 above. During such period, the employer shall not terminate the employment contract of the woman concerned because of the pregnancy.

▷ Union membership and opinion
→ Section 39 LC indicates that: Every wrongful termination of a contract may entail damages. In particular, dismissals effected because of the opinions of the worker or his membership or non-membership of a particular, trade union shall be considered to be wrongful.
→ Section 40 (7) Staff representatives may be dismissed only if their posts have been abolished and with the consent of the Labour Inspector of the area.
▷ Maternity
→ Section 84(1) LC stipulates that: Any pregnant woman whose pregnancy has been medically certified may terminate her contract of employment without notice and without being obliged on that account to pay the compensation provided for in Section 36 above. During such period, the employer shall not terminate the employment contract of the woman concerned because of the pregnancy.

▷ Union activities and affiliation
→ Under Section 150 LL 2025, if the dismissal was due to union activity, the court shall order reinstatement upon the employee’s request.
→ Under Section 165 LL 2025, dismissal for an employee’s affiliation with a trade union or participation in union activities under this law is considered an unjustified reason for termination.
▷ Pregnancy and maternity
Under Section 55 LL 2025, it is prohibited to dismiss a female worker or terminate her employment during maternity leave.
It is also prohibited to dismiss her or terminate her employment after she returns from maternity leave, unless the employer can prove that the dismissal or termination is for a legitimate reason.
▷ Illnesses
→ Under Section 173 LL 2025, the employer is prohibited from terminating the contract due to the worker’s illness unless the worker has exhausted their sick leave and any remaining annual leave. (...).

▷ Union activities and affiliation
→ Under Section 150 LL 2025, if the dismissal was due to union activity, the court shall order reinstatement upon the employee’s request.
→ Under Section 165 LL 2025, dismissal for an employee’s affiliation with a trade union or participation in union activities under this law is considered an unjustified reason for termination.
▷ Pregnancy and maternity
Under Section 55 LL 2025, it is prohibited to dismiss a female worker or terminate her employment during maternity leave.
It is also prohibited to dismiss her or terminate her employment after she returns from maternity leave, unless the employer can prove that the dismissal or termination is for a legitimate reason.
▷ Illnesses
→ Under Section 173 LL 2025, the employer is prohibited from terminating the contract due to the worker’s illness unless the worker has exhausted their sick leave and any remaining annual leave. (...).

▷ Union activities and affiliation
→ Under Section 150 LL 2025, if the dismissal was due to union activity, the court shall order reinstatement upon the employee’s request.
→ Under Section 165 LL 2025, dismissal for an employee’s affiliation with a trade union or participation in union activities under this law is considered an unjustified reason for termination.
▷ Pregnancy and maternity
Under Section 55 LL 2025, it is prohibited to dismiss a female worker or terminate her employment during maternity leave.
It is also prohibited to dismiss her or terminate her employment after she returns from maternity leave, unless the employer can prove that the dismissal or termination is for a legitimate reason.
▷ Illnesses
→ Under Section 173 LL 2025, the employer is prohibited from terminating the contract due to the worker’s illness unless the worker has exhausted their sick leave and any remaining annual leave. (...).

→ Section 87 (6 and 7) LP provides that:
6) An employer shall not terminate the contract of employment of women during her pregnancy and until four months after her confinement.
7) Notwithstanding the provisions of Sub-section (6) of this Section, contract of employment may be terminated for reasons stipulated under Section 27 (b-k) and Section 29 (3), but not related to pregnancy and
delivery.

▷ Pregnant women
→ Section 207 LC 2021 acknowledges women's entitlement to equal rights and obligations under labour legislation and indicates that employers are prohibited from dismissing or retaliating against women due to pregnancy or childbirth. Any dismissal of a medically confirmed pregnant woman, one whose pregnancy is visibly apparent, or one occurring within fifteen months post-delivery, requires prior approval from the labour inspector.
▷ Representatives
→ Under section 330 LC 2012, The dismissal of a staff delegate or their alternate, as contemplated by the employer or their representative, requires prior authorization from the labor inspector to lift immunity, as stipulated in Article 70. Any dismissal without this requested and granted authorization is null and void. The same procedure applies to:
▻ Candidates for staff delegate positions during the period from the submission of candidate lists to the election date;
▻ Former staff delegates for six months following the end of their mandate.

▷ Pregnant women
→ Section 207 LC 2021 acknowledges women's entitlement to equal rights and obligations under labour legislation and indicates that employers are prohibited from dismissing or retaliating against women due to pregnancy or childbirth. Any dismissal of a medically confirmed pregnant woman, one whose pregnancy is visibly apparent, or one occurring within fifteen months post-delivery, requires prior approval from the labour inspector.
▷ Representatives
→ Under section 330 LC 2012, The dismissal of a staff delegate or their alternate, as contemplated by the employer or their representative, requires prior authorization from the labor inspector to lift immunity, as stipulated in Article 70. Any dismissal without this requested and granted authorization is null and void. The same procedure applies to:
▻ Candidates for staff delegate positions during the period from the submission of candidate lists to the election date;
▻ Former staff delegates for six months following the end of their mandate.

▷ Labour Act
→ Section 57(8): An employer shall not dismiss a woman worker because of her absence from work on maternity leave.
In addition, note must be taken of Section 63 (2) LA, which stipulates, among others, that: A worker’s employment is terminated unfairly if the only reason for the termination is
(a) that the worker has joined, intends to join or has ceased to be a member of a trade union or intends to take part in the activities of a trade union;
(b) that the worker seeks office as, or is acting or has acted in the capacity of, a workers’ representative; (...).

▷ Whistle-blower Act (WA), Act No. 720 of 2006
→ Section 12 WA: “A whistle-blower shall not be subjected to victimisation by the employer of the whistle-blower or by a fellow employee or by another person because a disclosure has been made.” According to Section 12(2), a whistle-blower is subjected to victimization if they are dismissed.

▷ Pregnancy and maternity leave
→ Section 194 of the Labour Act 2024 on "Maternity leave and notice of termination" indicates that:
(1) Any dismissal of a worker that takes effect during her statutory maternity leave shall automatically be an unfair dismissal.
(2) Where a female worker is absent from work in pursuance of section 191 (3) or (4) or remains absent from work for a longer period as a result of an illness which a registered medical practitioner has certified, in writing, to arise in his opinion out of the female worker’s pregnancy or confinement and to render her unfit to return to work, no employer shall, during the period of her absence from work in pursuance section 191 (3) or (4), give notice to dismiss her or terminate her contract of employment.
(3) Any employer who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding Five Thousand Maloti or to imprisonment for a period not exceeding six months.

▷ Representatives
→ Section 205 of the Labour Act 2024 on "Discrimination against union members and officials" provides that:
(1) Every person has the right to -
(a) participate in forming a trade union;
(b) join a trade union; and
(c) participate in its lawful activities.
(2) Any breach of the provisions of subsections (1) and (2) is an unfair labour practice.
(3) A person who seeks, by intimidation, threats, dismissal or imposition of a penalty, giving or offering to give a wage increase or any other means, to induce an employee to refrain from becoming or to refrain from continuing to be a member, officer or trustee of a trade union commits an unfair labour practice.
(4) A person who communicates to another, details of the names of a worker as being unsuitable for employment on grounds of the latter’s trade union membership or activities commits an unfair labour practice.

▷ In addition, under section 206 of the Labour Act 2024 on "Violence
and sexual harassment": A person who offers employment or threatens dismissal or threatens the imposition of any other penalty against another person in the course of employment as a means of violence or obtaining sexual favours or harasses workers sexually, commits an unfair labour practice.

▷ Pregnancy and maternity leave
→ Section 194 of the Labour Act 2024 on "Maternity leave and notice of termination" indicates that:
(1) Any dismissal of a worker that takes effect during her statutory maternity leave shall automatically be an unfair dismissal.
(2) Where a female worker is absent from work in pursuance of section 191 (3) or (4) or remains absent from work for a longer period as a result of an illness which a registered medical practitioner has certified, in writing, to arise in his opinion out of the female worker’s pregnancy or confinement and to render her unfit to return to work, no employer shall, during the period of her absence from work in pursuance section 191 (3) or (4), give notice to dismiss her or terminate her contract of employment.
(3) Any employer who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding Five Thousand Maloti or to imprisonment for a period not exceeding six months.

▷ Representatives
→ Section 205 of the Labour Act 2024 on "Discrimination against union members and officials" provides that:
(1) Every person has the right to -
(a) participate in forming a trade union;
(b) join a trade union; and
(c) participate in its lawful activities.
(2) Any breach of the provisions of subsections (1) and (2) is an unfair labour practice.
(3) A person who seeks, by intimidation, threats, dismissal or imposition of a penalty, giving or offering to give a wage increase or any other means, to induce an employee to refrain from becoming or to refrain from continuing to be a member, officer or trustee of a trade union commits an unfair labour practice.
(4) A person who communicates to another, details of the names of a worker as being unsuitable for employment on grounds of the latter’s trade union membership or activities commits an unfair labour practice.

▷ In addition, under section 206 of the Labour Act 2024 on "Violence
and sexual harassment": A person who offers employment or threatens dismissal or threatens the imposition of any other penalty against another person in the course of employment as a means of violence or obtaining sexual favours or harasses workers sexually, commits an unfair labour practice.

▷ 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.
→ In addition, under Section 58 LC, severance pay is doubled for workers' representatives.
▷ Pregnancy and maternity
→ Section 159 LC indicates that: The employer cannot terminate the employment contract of a female employee when she is in a state of pregnancy certified by a medical certificate, during the pregnancy period and for the fourteen weeks following childbirth.
The employer also cannot terminate the employment contract of a female employee during the suspension period resulting from a pathological condition certified by a medical certificate and arising from pregnancy or childbirth.
However, and provided that the termination is not notified or does not take effect during the contract suspension period provided for in Sections 154 and 156 above, the employer may terminate the contract if they can justify a serious fault committed by the person concerned or another legal ground for dismissal.

▷ 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.
→ In addition, under Section 58 LC, severance pay is doubled for workers' representatives.
▷ Pregnancy and maternity
→ Section 159 LC indicates that: The employer cannot terminate the employment contract of a female employee when she is in a state of pregnancy certified by a medical certificate, during the pregnancy period and for the fourteen weeks following childbirth.
The employer also cannot terminate the employment contract of a female employee during the suspension period resulting from a pathological condition certified by a medical certificate and arising from pregnancy or childbirth.
However, and provided that the termination is not notified or does not take effect during the contract suspension period provided for in Sections 154 and 156 above, the employer may terminate the contract if they can justify a serious fault committed by the person concerned or another legal ground for dismissal.

▷ Pregnancy and maternity leave
▶ Labour Code 1992
→ Section. L.183 LC indicates that: Prohibition of dismissal for pregnant women and women on maternity leave.
▷ Staff representative
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L48(3) LL 2017, if the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
→ 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.

▷ Pregnancy and maternity leave
▶ Labour Code 1992
→ Section. L.183 LC indicates that: Prohibition of dismissal for pregnant women and women on maternity leave.
▷ Staff representative
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L48(3) LL 2017, if the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
→ 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.

→ Section 40 LC indicates that throughout the period of maternity leave, the employer can not dismiss a female employee.
→ Section 125 LC states that the authorization of the labour inspector is required before any dismissal of a workers' representative proposed by the employer.

→ Section 40 LC indicates that throughout the period of maternity leave, the employer can not dismiss a female employee.
→ Section 125 LC states that the authorization of the labour inspector is required before any dismissal of a workers' representative proposed by the employer.

▷ Pregnancy and maternity
→ Under Section 49(1) EA: an employer who terminates the employment of an employee because of her pregnancy or for any reason connected with her pregnancy shall be guilty of an offence and liable to a fine and 5 years imprisonment.
▷ Workers representatives
→ Under Section 57 (3)(b) EA do not constitute valid reasons for dismissal or for imposition of disciplinary action: an employee’s exercise of any of the rights specified in Part II of the Labour Relations Act [exercise of freedom of association rights].

▷ Pregnancy and maternity
→ Under Section 49(1) EA: an employer who terminates the employment of an employee because of her pregnancy or for any reason connected with her pregnancy shall be guilty of an offence and liable to a fine and 5 years imprisonment.
▷ Workers representatives
→ Under Section 57 (3)(b) EA do not constitute valid reasons for dismissal or for imposition of disciplinary action: an employee’s exercise of any of the rights specified in Part II of the Labour Relations Act [exercise of freedom of association rights].

▷ Maternity
→ Section 13 (1)(d) of the Labour Law 2023 provides protection against dismissal for women in pregnancy, during maternity leave, and for one year after the child´s birth.
→ Also, subsection 5 of section 13 indicates that: Employers are prohibited from dismissing, applying sanctions to, or in any way harming the female worker on grounds of discrimination or exclusion.
▷Trade Union Activities
→ Section 167 (2) of the Labour Law 2023 indicates that: The employer is prohibited from unjustly terminating the employment contract of members of social bodies of trade unions and trade union committees, for reasons attributable to their trade union functions.
▷ Worker with Residual Capacity
→ Section 233 of the Labour Law 2023 provides that the worker has the right to compensation for an accident at work or an occupational disease, which requires the employer to place the injured worker in a job compatible with their residual capacity. If it is impossible to fit the employee under the terms described in the previous paragraph, the employer may terminate the contract. In such a case, the employee shall be compensated in accordance with Article 139 of this Labour Law.

▶ The Decree No 62/2013, in its section 17, provides that dismissal without just cause of the worker temporarily incapacitated as a result of a work-related accident, without prejudice to other rights established by law, if you choose to non-reintegration, the right to compensation equal to that provided for in case of just cause argued by the worker.

▷ Maternity
→ Section 13 (1)(d) of the Labour Law 2023 provides protection against dismissal for women in pregnancy, during maternity leave, and for one year after the child´s birth.
→ Also, subsection 5 of section 13 indicates that: Employers are prohibited from dismissing, applying sanctions to, or in any way harming the female worker on grounds of discrimination or exclusion.
▷Trade Union Activities
→ Section 167 (2) of the Labour Law 2023 indicates that: The employer is prohibited from unjustly terminating the employment contract of members of social bodies of trade unions and trade union committees, for reasons attributable to their trade union functions.
▷ Worker with Residual Capacity
→ Section 233 of the Labour Law 2023 provides that the worker has the right to compensation for an accident at work or an occupational disease, which requires the employer to place the injured worker in a job compatible with their residual capacity. If it is impossible to fit the employee under the terms described in the previous paragraph, the employer may terminate the contract. In such a case, the employee shall be compensated in accordance with Article 139 of this Labour Law.

▶ The Decree No 62/2013, in its section 17, provides that dismissal without just cause of the worker temporarily incapacitated as a result of a work-related accident, without prejudice to other rights established by law, if you choose to non-reintegration, the right to compensation equal to that provided for in case of just cause argued by the worker.

▷ Maternity
→ Section 13 (1)(d) of the Labour Law 2023 provides protection against dismissal for women in pregnancy, during maternity leave, and for one year after the child´s birth.
→ Also, subsection 5 of section 13 indicates that: Employers are prohibited from dismissing, applying sanctions to, or in any way harming the female worker on grounds of discrimination or exclusion.
▷Trade Union Activities
→ Section 167 (2) of the Labour Law 2023 indicates that: The employer is prohibited from unjustly terminating the employment contract of members of social bodies of trade unions and trade union committees, for reasons attributable to their trade union functions.
▷ Worker with Residual Capacity
→ Section 233 of the Labour Law 2023 provides that the worker has the right to compensation for an accident at work or an occupational disease, which requires the employer to place the injured worker in a job compatible with their residual capacity. If it is impossible to fit the employee under the terms described in the previous paragraph, the employer may terminate the contract. In such a case, the employee shall be compensated in accordance with Article 139 of this Labour Law.

▶ The Decree No 62/2013, in its section 17, provides that dismissal without just cause of the worker temporarily incapacitated as a result of a work-related accident, without prejudice to other rights established by law, if you choose to non-reintegration, the right to compensation equal to that provided for in case of just cause argued by the worker.

See sec. 26(5) LA: An employer must not dismiss an employee during her maternity leave or at the expiry of that leave on:
- economic grounds (as listed in sec. 34 on collective dismissal)
- any grounds arising from her pregnancy, delivery, or her resulting family status or responsibility.
The prohibition does not apply if the employer has offered the employee comparable alternative employment; and she has unreasonably refused to accept that offer.

▷ Workers' representatives:
→ Sections 227-228 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
Note : The LC 2012 introduced provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
In addition, the LC 2012 establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
→ Section 228 LC provides that : Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
▻ See also: Sections 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
In addition, under Chapter IV (Dismissal of a personnel representative), Section 88 (Procedure to be followed) of the ICA 2022: Any dismissal of a personnel representative as defined in Section 211 of the Labour 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 labour inspector who has received the request is required to render a decision within eight (8) days following the submission of the request for dismissal authorization, with a copy to the hierarchy. This period is extended to twenty-one (21) days in the case of a necessary expert evaluation.
▻The labour inspector must notify his/her reasoned decision and send it to the requesting employer, while also providing a copy of the said decision to the personnel representatives.
▻ However, in the event of gross misconduct, the employer may immediately order the provisional suspension of the person concerned while awaiting the final decision. This suspension cannot exceed one (1) month. During the suspension period, the worker is not entitled to any remuneration, except if the dismissal authorization is refused.

▷ Pregnant women and women on maternity leave:
No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Section 111 LC.
Prohibition of dismissal during pregnancy is included under Section 78 LC (last point).

▷ Dismissal During Sick Leave
▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
→ Section 36 of ICA 2022 provides that: When the employer is obliged to replace a sick worker, he must, at the end of the six (6) month suspension period provided for in Section 27 of this Convention, notify the person concerned, by registered letter, that he is taking note of the termination of the employment contract.
▻ On this occasion, he must send the worker the amount of the notice indemnity and any other indemnity to which the worker may be entitled due to this termination (compensatory indemnity for paid leave, severance pay, etc., as well as a certificate of employment).
▻ A worker replaced under the conditions indicated above retains a priority for rehiring for a period of two (2) years.

▷ Workers' representatives:
→ Sections 227-228 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
Note : The LC 2012 introduced provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
In addition, the LC 2012 establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
→ Section 228 LC provides that : Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
▻ See also: Sections 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
In addition, under Chapter IV (Dismissal of a personnel representative), Section 88 (Procedure to be followed) of the ICA 2022: Any dismissal of a personnel representative as defined in Section 211 of the Labour 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 labour inspector who has received the request is required to render a decision within eight (8) days following the submission of the request for dismissal authorization, with a copy to the hierarchy. This period is extended to twenty-one (21) days in the case of a necessary expert evaluation.
▻The labour inspector must notify his/her reasoned decision and send it to the requesting employer, while also providing a copy of the said decision to the personnel representatives.
▻ However, in the event of gross misconduct, the employer may immediately order the provisional suspension of the person concerned while awaiting the final decision. This suspension cannot exceed one (1) month. During the suspension period, the worker is not entitled to any remuneration, except if the dismissal authorization is refused.

▷ Pregnant women and women on maternity leave:
No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Section 111 LC.
Prohibition of dismissal during pregnancy is included under Section 78 LC (last point).

▷ Dismissal During Sick Leave
▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
→ Section 36 of ICA 2022 provides that: When the employer is obliged to replace a sick worker, he must, at the end of the six (6) month suspension period provided for in Section 27 of this Convention, notify the person concerned, by registered letter, that he is taking note of the termination of the employment contract.
▻ On this occasion, he must send the worker the amount of the notice indemnity and any other indemnity to which the worker may be entitled due to this termination (compensatory indemnity for paid leave, severance pay, etc., as well as a certificate of employment).
▻ A worker replaced under the conditions indicated above retains a priority for rehiring for a period of two (2) years.

→ Section 54(4) LA prohibits the employer from giving a notice of dismissal to a woman during her maternity leave (6 weeks before the delivery of the child and 6 weeks after). This prohibition also applies to a woman who is absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work.

→ Section 46(2) LA indicates that: (...), the women worker shall not be dismissed during the period of pregnancy or during the maternity leave.

→ Section L. 143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to the prohibition of dismissal on the basis of pregnancy).
→ In addition, Sections L. 214-L.2017 provide for mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specify remedies for wrongful dismissal.

→ Section L. 143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to the prohibition of dismissal on the basis of pregnancy).
→ In addition, Sections L. 214-L.2017 provide for mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specify remedies for wrongful dismissal.

▷ Pregnancy and maternity
→ Section 107 LC provides that: It is forbidden for any employer to make a pregnant woman work in the four weeks preceding the presumed date of delivery as well as in the six weeks following delivery.
→ Section 108 LC states that: Without prejudice to the provisions of the preceding Section, the woman has the right to suspend her employment contract for a period which begins six weeks before the presumed date of her delivery and ends eight weeks after this delivery.
→ Section 112 LC indicates that: Except in the case of gross misconduct unrelated to pregnancy and the case of impossibility to maintain the contract, no employer may dismiss a woman in a state of apparent or medically confirmed pregnancy.
▷ Workers' representatives
→ Under Section 297 LC, it is forbidden for any employer to take into consideration union membership or the exercise of union activity when making decisions concerning, in particular, hiring, the conduct and distribution of work, vocational training, advancement, disciplinary measures, promotion, remuneration, the granting of social benefits, transfers, or dismissal.
→ Section 386 LC provides that: Any dismissal of a staff representative or an alternate representative, envisaged by the employer or his/her representative, must be submitted to the decision of the Labour Inspectorate.
→ 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.

▷ Pregnancy and maternity
→ Section 107 LC provides that: It is forbidden for any employer to make a pregnant woman work in the four weeks preceding the presumed date of delivery as well as in the six weeks following delivery.
→ Section 108 LC states that: Without prejudice to the provisions of the preceding Section, the woman has the right to suspend her employment contract for a period which begins six weeks before the presumed date of her delivery and ends eight weeks after this delivery.
→ Section 112 LC indicates that: Except in the case of gross misconduct unrelated to pregnancy and the case of impossibility to maintain the contract, no employer may dismiss a woman in a state of apparent or medically confirmed pregnancy.
▷ Workers' representatives
→ Under Section 297 LC, it is forbidden for any employer to take into consideration union membership or the exercise of union activity when making decisions concerning, in particular, hiring, the conduct and distribution of work, vocational training, advancement, disciplinary measures, promotion, remuneration, the granting of social benefits, transfers, or dismissal.
→ Section 386 LC provides that: Any dismissal of a staff representative or an alternate representative, envisaged by the employer or his/her representative, must be submitted to the decision of the Labour Inspectorate.
→ 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.

▷ Limited protection consisting in mandatory prior consultation of the union branch before initiating disciplinary proceedings and penalties involving dismissal against an employee who is a union member: Section 1 Disciplinary rules, § (6) of the Disciplinary Code, schedule 1 of the EA.
→ Section 56(2) EA provides that a female employee who becomes pregnant shall have the right to return to the job which she held immediately before her maternity leave, or to a reasonably suitable alternative job on terms and conditions not less favourable than those which would have applied had she not been absent on maternity leave.

▷ Limited protection consisting in mandatory prior consultation of the union branch before initiating disciplinary proceedings and penalties involving dismissal against an employee who is a union member: Section 1 Disciplinary rules, § (6) of the Disciplinary Code, schedule 1 of the EA.
→ Section 56(2) EA provides that a female employee who becomes pregnant shall have the right to return to the job which she held immediately before her maternity leave, or to a reasonably suitable alternative job on terms and conditions not less favourable than those which would have applied had she not been absent on maternity leave.

Protection only applicable to disciplinary dismissals:
According to sec. 4(2) of the Code of Good Practice, disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the trade union.

→ Section 43 of ECA 2019:
Subject to section 50, an employer shall not, as a result of an employee’s pregnancy or maternity leave—
(a) terminate that employee’s employment;
(b) impose any penalty or disadvantage the employee; or
(c) adversely change a condition of employment in respect of
that employee

→ Section 52 (4) of ECA 2019:
An employer shall not terminate a contract of employment of an employee based on reasons relating to—
(a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
(b) seeking office as, acting or having acted in the capacity of, an employee’s representative;
(c)the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
(d) a discriminatory ground under section 5;
(e) family responsibilities relating to taking care of a member of an employee’s immediate family;
(f) absence from work during maternity or paternity leave; or
(g) temporary absence from work during sick leave or injury.

→ Section 43 of ECA 2019:
Subject to section 50, an employer shall not, as a result of an employee’s pregnancy or maternity leave—
(a) terminate that employee’s employment;
(b) impose any penalty or disadvantage the employee; or
(c) adversely change a condition of employment in respect of
that employee

→ Section 52 (4) of ECA 2019:
An employer shall not terminate a contract of employment of an employee based on reasons relating to—
(a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
(b) seeking office as, acting or having acted in the capacity of, an employee’s representative;
(c)the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
(d) a discriminatory ground under section 5;
(e) family responsibilities relating to taking care of a member of an employee’s immediate family;
(f) absence from work during maternity or paternity leave; or
(g) temporary absence from work during sick leave or injury.

→ Section 43 of ECA 2019:
Subject to section 50, an employer shall not, as a result of an employee’s pregnancy or maternity leave—
(a) terminate that employee’s employment;
(b) impose any penalty or disadvantage the employee; or
(c) adversely change a condition of employment in respect of
that employee

→ Section 52 (4) of ECA 2019:
An employer shall not terminate a contract of employment of an employee based on reasons relating to—
(a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
(b) seeking office as, acting or having acted in the capacity of, an employee’s representative;
(c)the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
(d) a discriminatory ground under section 5;
(e) family responsibilities relating to taking care of a member of an employee’s immediate family;
(f) absence from work during maternity or paternity leave; or
(g) temporary absence from work during sick leave or injury.

▷ Note: Under the labour legislation, during maternity leave, a woman's normal benefits and entitlements, including seniority and advancement, must continue uninterrupted, and the period of service should not be considered interrupted. However, there is no provision that "explicitly" prohibits dismissal on the grounds of pregnancy or maternity leave.

▶ Section 56 (3) of the Constitution of Zimbabwe: Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.

▶ Section 18(7) of the Labour Act ensures that maternity leave is a protected period during which employment continuity and entitlements are safeguarded. Dismissing an employee during this period would nullify these statutory rights, making such a dismissal unlawful and actionable as an unfair labour practice under section 18(9) of the Labour Act.
→ Section 18(7) of the Labour Act indicates that: "During the period when a female employee is on maternity leave in accordance with this section, her normal benefits and entitlements, including her rights to seniority or advancement and the accumulation of pension rights, shall continue uninterrupted in the manner in which they would have continued had she not gone on such leave, and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave in terms of this section".
→ Section 18(9) of the Labour Act stipulates that: "Any person who contravenes this section shall be guilty of an unfair labour practice".

▷ In addition, Section 5 (1) & (2) of the Labour Act explicitly list pregnancy as a prohibited ground for discrimination, covering all employment actions, including "abolition of jobs". This provides a direct legal barrier to terminating a pregnant woman or one on maternity leave based on her condition or leave status.
→ Section 5 of the Labour Act : (1) No employer shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to—
(a) the advertisement of employment; or
(b) the recruitment for employment; or
(c) the creation, classification or abolition of jobs or posts; or
(d) the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits; or
(e) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; or
(f) the provision of facilities related to or connected with employment; or
(g) any other matter related to employment.
(2) No person shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to—
(a) the advertisement of employment; or
(b) the recruitment of persons; or
(c) the introduction of prospective employees for jobs or posts; or
(d) any other matter related to employment

▷ Remarks: The ILO Manual on Gender Equality through Collective Bargaining in Zimbabwe, page 36, provides a reference to the Case law: ARDA v Murwisi LC/H/90/2004, in which the Labour Court ruled that the termination of an employee's contract of employment while on maternity leave was unfair dismissal.

▶ Regarding protection of representatives: Section 65 of the Constitution of Zimbabwe, 2013 provides for the right to form, join and participate in the activities of trade unions and employers’ organizations. It further protects the right to participate in collective job action including the right to strike and the right to engage in collective bargaining and to organize.

▶ Section 4 or the Labour Act on "Employees’ entitlement to membership of trade unions and workers committees" indicates that:
(1) Notwithstanding anything contained in any other enactment, every employee shall, as between himself and his employer, have the following rights—
(a) the right, if he so desires, to be a member or an officer of a trade union;
(b) where he is a member or an officer of a trade, the right to engage in the lawful activities of such trade union for the advancement or protection of his interests;
(c) the right to take part in the formation and registration of a trade union;
(d) the same rights, mutatis mutandis, as are set out in paragraphs (a), (b), and (c) in relation to workers committees.
(2) Every employee shall have the right to be a member of a trade union which is registered for the undertaking or industry in which he is employed if he complies with the conditions of membership. (3) No term or condition of employment and no offer of employment shall include a requirement that an employee or prospective employee shall undertake—
(a) if he is a member or officer of a trade union or workers committee, to relinquish his membership or office of such trade union or workers committee; or
(b) not to take part in the formation of a trade union or workers committee; and any such requirement shall be void.
(4) Without prejudice to any other remedy that may be available to him in any competent court, any person who is aggrieved by any infringement or threatened infringement of a right specified in subsection (1) shall be entitled to apply under Part XII for either or both of the following remedies—
(a) an order directing the employer or other party concerned to cease the infringement or threatened infringement, as the case may be;
(b) an order for damages for any loss or prospective loss caused either directly or indirectly, as a result of the infringement or threatened infringement, as the case may be.

→ Section 7 of the Labour Act on "Protection of employees’ right to democracy in the work place" stipulates that:
(1) No person shall—
(a) hinder, obstruct or prevent any employee from forming or conducting any workers committee for the purpose of airing any grievance, negotiating any matter or advancing or protecting the rights or interests of employees;
(b) threaten any employee with any reprisal for any lawful action taken by him in advancing or protecting his rights or interests.
(...)
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

▷ Note: Under the labour legislation, during maternity leave, a woman's normal benefits and entitlements, including seniority and advancement, must continue uninterrupted, and the period of service should not be considered interrupted. However, there is no provision that "explicitly" prohibits dismissal on the grounds of pregnancy or maternity leave.

▶ Section 56 (3) of the Constitution of Zimbabwe: Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.

▶ Section 18(7) of the Labour Act ensures that maternity leave is a protected period during which employment continuity and entitlements are safeguarded. Dismissing an employee during this period would nullify these statutory rights, making such a dismissal unlawful and actionable as an unfair labour practice under section 18(9) of the Labour Act.
→ Section 18(7) of the Labour Act indicates that: "During the period when a female employee is on maternity leave in accordance with this section, her normal benefits and entitlements, including her rights to seniority or advancement and the accumulation of pension rights, shall continue uninterrupted in the manner in which they would have continued had she not gone on such leave, and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave in terms of this section".
→ Section 18(9) of the Labour Act stipulates that: "Any person who contravenes this section shall be guilty of an unfair labour practice".

▷ In addition, Section 5 (1) & (2) of the Labour Act explicitly list pregnancy as a prohibited ground for discrimination, covering all employment actions, including "abolition of jobs". This provides a direct legal barrier to terminating a pregnant woman or one on maternity leave based on her condition or leave status.
→ Section 5 of the Labour Act : (1) No employer shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to—
(a) the advertisement of employment; or
(b) the recruitment for employment; or
(c) the creation, classification or abolition of jobs or posts; or
(d) the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits; or
(e) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; or
(f) the provision of facilities related to or connected with employment; or
(g) any other matter related to employment.
(2) No person shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to—
(a) the advertisement of employment; or
(b) the recruitment of persons; or
(c) the introduction of prospective employees for jobs or posts; or
(d) any other matter related to employment

▷ Remarks: The ILO Manual on Gender Equality through Collective Bargaining in Zimbabwe, page 36, provides a reference to the Case law: ARDA v Murwisi LC/H/90/2004, in which the Labour Court ruled that the termination of an employee's contract of employment while on maternity leave was unfair dismissal.

▶ Regarding protection of representatives: Section 65 of the Constitution of Zimbabwe, 2013 provides for the right to form, join and participate in the activities of trade unions and employers’ organizations. It further protects the right to participate in collective job action including the right to strike and the right to engage in collective bargaining and to organize.

▶ Section 4 or the Labour Act on "Employees’ entitlement to membership of trade unions and workers committees" indicates that:
(1) Notwithstanding anything contained in any other enactment, every employee shall, as between himself and his employer, have the following rights—
(a) the right, if he so desires, to be a member or an officer of a trade union;
(b) where he is a member or an officer of a trade, the right to engage in the lawful activities of such trade union for the advancement or protection of his interests;
(c) the right to take part in the formation and registration of a trade union;
(d) the same rights, mutatis mutandis, as are set out in paragraphs (a), (b), and (c) in relation to workers committees.
(2) Every employee shall have the right to be a member of a trade union which is registered for the undertaking or industry in which he is employed if he complies with the conditions of membership. (3) No term or condition of employment and no offer of employment shall include a requirement that an employee or prospective employee shall undertake—
(a) if he is a member or officer of a trade union or workers committee, to relinquish his membership or office of such trade union or workers committee; or
(b) not to take part in the formation of a trade union or workers committee; and any such requirement shall be void.
(4) Without prejudice to any other remedy that may be available to him in any competent court, any person who is aggrieved by any infringement or threatened infringement of a right specified in subsection (1) shall be entitled to apply under Part XII for either or both of the following remedies—
(a) an order directing the employer or other party concerned to cease the infringement or threatened infringement, as the case may be;
(b) an order for damages for any loss or prospective loss caused either directly or indirectly, as a result of the infringement or threatened infringement, as the case may be.

→ Section 7 of the Labour Act on "Protection of employees’ right to democracy in the work place" stipulates that:
(1) No person shall—
(a) hinder, obstruct or prevent any employee from forming or conducting any workers committee for the purpose of airing any grievance, negotiating any matter or advancing or protecting the rights or interests of employees;
(b) threaten any employee with any reprisal for any lawful action taken by him in advancing or protecting his rights or interests.
(...)
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).

Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).

Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).

Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).

Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).

Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).

Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).

The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).

The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).

The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).

The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).

The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).

The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service (see sec. 12 (1) APSG; protection requires that the worker notifies the employer once receiving the draft order; dismissal is possible with prior consent by a court).

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA). This does however not apply to workers who have started working for the employer after they have turned 50 (sec. 105 3b) WCA).

Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.

Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.

Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.

Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.

Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.

* Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.

* Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.

* Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.

Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).

Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).

Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).

Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).

Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004

Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004

Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004

- The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).

- The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).

- The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).

*No dismissal of pregnant women and women on maternity leave: art. 336c (1) c) CO
* Workers with an important length of tenure: higher protection with respect to severance allowance: art. 339b CO.
* Workers' representatives: constitutes an abusive termination the dismissal of an employee during the exercise of a mandate as employees' representative unless the employer demonstrates a justified motive for dismissal: art. 336 (2) b) CO.

*No dismissal of pregnant women and women on maternity leave: art. 336c (1) c) CO
* Workers with an important length of tenure: higher protection with respect to severance allowance: art. 339b CO.
* Workers' representatives: constitutes an abusive termination the dismissal of an employee during the exercise of a mandate as employees' representative unless the employer demonstrates a justified motive for dismissal: art. 336 (2) b) CO.

*No dismissal of pregnant women and women on maternity leave: art. 336c (1) c) CO
* Workers with an important length of tenure: higher protection with respect to severance allowance: art. 339b CO.
* Workers' representatives: constitutes an abusive termination the dismissal of an employee during the exercise of a mandate as employees' representative unless the employer demonstrates a justified motive for dismissal: art. 336 (2) b) CO.

- Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave

- Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave

- Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave

- Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave

Workers during pregnancy, lactation or maternity leave: Article 239 of Labour Code provides that no worker may be fired during pregnancy or lactation without the prior authorization of the Ministry of Labor that guarantees a just cause. Dismissal is presumed due to pregnancy or lactation, when it has taken place during the pregnancy period and / or within three months after delivery. Workers who are dismissed without authorization from the competent authorities, shall be entitled to the additional payment of an indemnity equal to sixty (60) working days, apart from the indemnities and benefits that there be a place according to your employment contract. In the case of the working woman who for some exceptional reason does not enjoy the mandatory prepartum week, and / or some of the seventeen (17) weeks of rest, she will be entitled to the payment of the weeks that she did not have a leave. In the case of multiple births, she will have the right to pay two (2) additional weeks and, in the event that the child is premature, to pay the time difference between the date of delivery and the term birth

Members of trade unions have job stability: Articles 405 and 406 of Labour Code

Workers during pregnancy, lactation or maternity leave: Article 239 of Labour Code provides that no worker may be fired during pregnancy or lactation without the prior authorization of the Ministry of Labor that guarantees a just cause. Dismissal is presumed due to pregnancy or lactation, when it has taken place during the pregnancy period and / or within three months after delivery. Workers who are dismissed without authorization from the competent authorities, shall be entitled to the additional payment of an indemnity equal to sixty (60) working days, apart from the indemnities and benefits that there be a place according to your employment contract. In the case of the working woman who for some exceptional reason does not enjoy the mandatory prepartum week, and / or some of the seventeen (17) weeks of rest, she will be entitled to the payment of the weeks that she did not have a leave. In the case of multiple births, she will have the right to pay two (2) additional weeks and, in the event that the child is premature, to pay the time difference between the date of delivery and the term birth

Members of trade unions have job stability: Articles 405 and 406 of Labour Code

See article 94 of Labour Code.

See above article 50 of Labour Code.

See above article 50 of Labour Code.

See above article 50 of Labour Code.

See above article 50 of Labour Code.

See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)

See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)

Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.

Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.

Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.

Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.

Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
* pregnancy
* maternity and parental leave
* recognized temporary inability to work due to illness or injury
* military obligations
* unpaid leave to exercise of a public office
* night workers temporary unfit
Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

Articles 153 provides that the employment contract cannot be terminated due to the pregnancy of the working woman and the employer cannot definitively replace her within the twelve-week period after the labour.

Article 174 provides special protection against termination of employment to: 1. For temporary incapacity for work due to the worker's non-professional illness, as long as it does not exceed one year; 2. In the event of absence motivated by military service or the exercise of compulsory public office; 3. Due to the absence of the worker based on the maternity or paternity leave, due to childbirth, is indicated in article 153 of this Code, without prejudice to the provisions of number 1.

In addition, article 452 provides that, except in the cases of article 172, the employer may not dismiss any of its workers, from the moment they notify the respective labour inspector that they have met in general assembly to form a union or works council, or any other workers' association, until the first directive is integrated. This prohibition covers all workers who have or have not attended the constituent assembly.

1) Workers' and trade union representatives:
- According to art. 55(1) ET if the worker is a workers' legal representative or a trade union representative, there will be formal adversarial procedures during which the worker and other members of the union to which he or she belongs, may be heard. If the worker is a member of a trade union and the employer is aware of this fact, representatives of the corresponding trade union must be heard in advance.
- In addition, in the event of unfair dismissal of a workers' representative, it is up to that employee to decide whether he or she wants to be reinstated or receive compensation, as opposed to the general rule according to which the choice is made by the employer (art. 56(4) ET).
- Lastly, in the event of collective dismissal, the workers' representatives have priority for remaining in the enterprise (art. 51(5) ET).

2) Royal Decree-Law 3/2012 has introduced the possibility to establish other priority rules through collective agreements, in order to protect people with family responsibilities, people with disabilities or people above certain age in case of collective dismissal (art. 51(5) ET).

* Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.

* Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.

* Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.