No enterprises are excluded based on size alone.
▻ However, under section 4 of the LC, special laws govern the employment and working conditions in traditional sectors. The law defines a traditional sector employer as a natural person who practices a manual trade with the help of family and no more than five assistants. Specific categories of employers can be exempt from this law if they meet specific criteria, including being a natural person, having no more than five assistants, and earning an income below a specified tax-based threshold.

→ Section 3 LC indicates that several categories of employees are primarily governed by their own specific statutes. However, the main law applies to them for any issues not addressed by their respective statutes. These categories include:
▻ Employees of public companies and establishments of the state and local authorities.
▻ Seafarers.
▻ Employees of mining companies.
▻ Professional journalists.
▻ Employees of the film industry.
▻ Concierges of residential buildings.
→ Section 4 LC states that the employment and working conditions for two specific groups are determined by special, separate laws:
▻ Domestic workers.
▻ Employees and employers in sectors of a "purely traditional nature."
▻ The Section also specifies that certain professional categories of employers can be fully exempted from the law if they meet three conditions, where:
• The employer is a natural person.
• They have a maximum of five assistants.
• Their income does not exceed five times the exempted bracket of general income tax.

Under Section 14 LC, a fixed-term contract must be in writing; otherwise, it is presumed to be an indefinite-term contract (CDI).

→ Under Section 16 LC, a fixed-term employment contract can be used only in specific situations where an indefinite-term contract is not possible. These situations include:
▻ Replacing an employee whose contract is suspended (excluding suspensions due to a strike),
▻ A temporary increase in company activity, or
▻ For seasonal work.
Such contracts may also be used in specific sectors or exceptional cases defined by regulation after consultation with employer and worker organizations, or through a collective agreement.

→ Under Section 17 LC :
▷ Non-agricultural sectors:
When a business or new establishment is opened for the first time, or a new product is launched, a fixed-term contract can be concluded for a maximum of one year, renewable for an additional year. After this period, the contract automatically becomes an indefinite-term contract.
▷ Agricultural sector:
A fixed-term contract can be for a duration of six months, renewable, as long as the total duration does not exceed two years. After this period, the contract becomes an indefinite-term contract.

→ Under Section 17 LC, when opening a business for the first time, establishing a new branch within the company, or launching a new product for the first time in sectors other than agriculture, FTCs can be concluded for a maximum period of one year, renewable only once.
After this period, the contract becomes indefinite.
▷ Note: One renewal only in non-agricultural start-up cases.

The maximum probationary period varies by contract and professional category.
The duration of the probationary period is governed by Section 14 LC as follows:
▷ Contract of indefinite duration:
▻ 3 months for executives and similar positions
▻ 1,5 months for employees (employés)
▻ 15 days for workers (ouvrier)
This trial period can be renewed once (i.e. the maximum is twice 3 months: 6 months)
▷ Fixed-term contract:
▻ Max. 2 weeks for a contract concluded for less than 6 months.
▻ Max. 1 month for contracts concluded for more than 6 months.
▷ Temporary employment contract
→ Under Section 501 LC, the probationary period (période d'essai) must be included in the written contract. The duration of this probationary period is strictly limited and depends on the length of the contract.
→ Under Section 502 LC, the probationary period (période d'essai) of a temporary employment contract cannot exceed :
▻ Two days for a contract of less than one month.
▻ Three days for a contract lasting between one and two months.
▻ Five days if the contract duration exceeds two months.
▷ Contracts of commercial or industrial representation
→ Under Section 80 LC, contracts of commercial or industrial representation, as defined by the specific work conditions outlined in Section 79 LC, must be established in writing. A probationary period (période d'essai) may be stipulated in the contract, and its duration cannot exceed six months.

Under Section 13 LC, during the probationary period, either party may terminate the contract of employment at any time without notice, unless the contract specifies otherwise. After one week of work, a reduced notice period is required, which is two days for hourly/daily/bi-weekly paid workers and eight days for monthly paid workers.

Section 9 LC lists grounds for discrimination and indicates that: Is prohibited to discriminate against employees based on race, colour, sex, disability, marital status, religion, political opinion, union affiliation, national ancestry, or social origin is also prohibited, if it has the effect of violating or altering the principle of equal opportunities or equal treatment in matters of employment or professional practice, particularly concerning hiring, work management and distribution, vocational training, salary, advancement, granting of social benefits, disciplinary measures, and dismissal.
The following notably arise from the preceding provisions:
1° The right for women to enter into an employment contract;
2° The prohibition of any discriminatory measure based on employees' union affiliation or activities;
3° The right of married or unmarried women to join a professional union and participate in its administration and management.
→ Section 36 LC provides that the following do not constitute valid reasons for imposing disciplinary sanctions or dismissal:
1° Union affiliation or the exercise of a union representative mandate;
2° Participation in union activities outside working hours or, with the employer's consent or in accordance with the collective labour agreement or internal regulations, during working hours;
3° Running for a mandate as an employee delegate, exercising it, or having exercised it;
4° Having filed a complaint or participated in legal actions against the employer under the provisions of this law;
5° Race, colour, sex, marital status, family responsibilities, religion, political opinion, national ancestry, or social origin;
6° Disability, insofar as it does not prevent the disabled employee from performing an appropriate function within the company.
→ Section 159 LC states 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.

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

▶ Labour Code (LC)
→ Under Section 43 LC, unilateral termination of an indefinite-term employment contract is subject, in the absence of serious misconduct by the other party, to compliance with the notice period.
The period and duration of notice are regulated by legislative and regulatory texts, the employment contract, the collective labour agreement, internal regulations or customs.
Any clause in the employment contract, collective labour agreement, internal regulations or customs setting a notice period shorter than the duration set by legislative or regulatory texts is automatically null and void.
In all cases, any clause setting the notice period at less than eight days is null and void.
The employer and the employee are exempt from respecting the notice period in the event of force majeure.
▶ Decree n°2-04-469 of 29 December 2004
→ Under Section 1 of the Decree n°2-04-469 of 29 December 2004, notice period varies according to the category of workers and the length of service as follows:
1) For workers
- Less than one year of service: 8 days,
- 1 to 5 years of service: 1 month,
- More than 5 years of service: 2 months.
2) For managerial and similar positions:
- Less than one year of service: 1 month,
- 1 to 5 years of service: 2 months,
- More than 5 years: 3 months.

Under Section 66 LC, reference is made to an employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural, or similar or economic reasons...(...).

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 66 provides that: An employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural or similar or economic reasons, must bring their decision to the attention of the employee representatives and, where applicable, the union representatives at the company, at least one month before proceeding with the dismissal. He/she must, at the same time, provide them with all necessary information relating thereto, including the reasons for the dismissal, as well as the number and categories of employees concerned and the period in which he/she intends to undertake this dismissal.
It must also engage in consultations and negotiations with them to examine measures that may prevent dismissal or mitigate its negative effects, including the possibility of reinstatement in other positions.
The works council acts as the representative of employee representatives in companies employing more than fifty employees.
The company administration prepares a report detailing the results of the aforementioned consultations and negotiations, signed by both parties. A copy of this report is sent to the employee representatives and another to the provincial delegate responsible for labour.

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 67 LC indicates that: The dismissal of all or part of the employees, employed in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, for technological, structural or similar or economic reasons, is subject to authorization issued by the governor of the prefecture or province, within a maximum period of two months from the date of submission of the request by the employer to the provincial delegate responsible for labour.
The request for authorization must be accompanied by all necessary supporting documents and the minutes of the consultations and negotiations with employee representatives provided for in Section 66 above.
In the event of dismissal for economic reasons, the request must be accompanied, in addition to the above-mentioned documents, by the following supporting documents:
▻ a report including the economic reasons, requiring the application of the dismissal procedure;
▻ the state of the economic and financial situation of the company;
▻ a report drawn up by a chartered accountant or by an auditor accounts;
The provincial delegate responsible for work must carry out all investigations he/she deems necessary. He/she must send the file within a period not exceeding one month from the receipt of the request, to the members of a provincial commission chaired by the governor of the prefecture or province, for the purpose of examining and deciding on the file within the time limit set above.
The decision of the governor of the prefecture or province must be justified and based on the conclusions and proposals of the said commission.

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 66 provides that: An employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural or similar or economic reasons, must bring their decision to the attention of the employee representatives and, where applicable, the union representatives at the company, at least one month before proceeding with the dismissal. He/she must, at the same time, provide them with all necessary information relating thereto, including the reasons for the dismissal, as well as the number and categories of employees concerned and the period in which he/she intends to undertake this dismissal.

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 67 LC indicates that: The dismissal of all or part of the employees, employed in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, for technological, structural or similar or economic reasons, is subject to authorization issued by the governor of the prefecture or province, within a maximum period of two months from the date of submission of the request by the employer to the provincial delegate responsible for labour.
The request for authorization must be accompanied by all necessary supporting documents and the minutes of the consultations and negotiations with employee representatives provided for in Section 66 above.
In the event of dismissal for economic reasons, the request must be accompanied, in addition to the above-mentioned documents, by the following supporting documents:
▻ a report including the economic reasons, requiring the application of the dismissal procedure;
▻ the state of the economic and financial situation of the company;
▻ a report drawn up by a chartered accountant or by an auditor accounts;
The provincial delegate responsible for work must carry out all investigations he/she deems necessary. He/she must send the file within a period not exceeding one month from the receipt of the request, to the members of a provincial commission chaired by the governor of the prefecture or province, for the purpose of examining and deciding on the file within the time limit set above.
The decision of the governor of the prefecture or province must be justified and based on the conclusions and proposals of the said commission.

No statutory provision was found in the legislation reviewed.

Section 71 LC provides that In each professional category, authorized dismissals take place in each establishment of the company, taking into account the following elements:
• Seniority;
• Professional value;
• Family responsibilities. (...).
Note: Section 71 LC provides a list of criteria to be considered: tenure, professional values, and family responsibilities. However, no order is specified.

→ Section 71 LC provides that: Dismissed employees benefit from priority for rehiring in the conditions provided for in Section 508 below.
→ Section 508 LC indicates that the employer recruits, as a priority, in a given speciality, former permanent employees or, failing that, temporary employees, made redundant less than a year ago as a result of the reduction in the number of jobs in the speciality, or the temporary cessation of activity of all or part of the company, or employees who had to be replaced due to illness.
▻ In all cases, employees must return to their workstation on the date.

→ Section 66 provides that: An employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural or similar or economic reasons, must bring their decision to the attention of the employee representatives and, where applicable, the union representatives at the company, at least one month before proceeding with the dismissal. He/she must, at the same time, provide them with all necessary information relating thereto, including the reasons for the dismissal, as well as the number and categories of employees concerned and the period in which he/she intends to undertake this dismissal.
It must also engage in consultations and negotiations with them to examine measures that may prevent dismissal or mitigate its negative effects, including the possibility of reinstatement in other positions.
Note: Measures concerning alternatives to dismissal and mitigation of the negative effects are examined in the framework of the consultation process, but no formal approval is required.

See direct Request (CEACR) - adopted 2011, published 101st ILC session (2012):
"The Committee notes that 127 establishments terminated employment on economic or similar grounds in 2010, affecting more than 8,900 employees. During the first half of 2011, 57 establishments were concerned, with more than 3,410 workers having their employment terminated".

→ Under Section 52 LC: An employee bound by an employment contract for an indefinite period is entitled to compensation in the event of dismissal after six months' work in the same company, regardless of the method of remuneration and the frequency of payment of the salary.
→ Section 53 LC establishes rules on severance pay as follows:
▻ Severance pay is due after 6 months of service.
▻ It corresponds to a number of hours per year that varies according to the length of service:
• 96 hours pay per year for the first 5 years
• 144 hours per year between the 6th and the 10th year
• 192 hours per year between the 11th and the 15th year
• 240 hours after the 15th year.
▷ For the purpose of calculation, the yearly average work duration used here is 2,288 hours, as set in Section 184 LC (i.e. 44 hours per week).
More favourable provisions for the employee may be included in the employment contract, the collective labour agreement or the internal regulations.
The employee also has the right to benefits, in accordance with the applicable legislation and regulations, including compensation for loss of employment due to economic, technological, or structural reasons.
▷ Note: To determine the monthly working time: 2288 hours divided by 12, or 191 hours as the monthly working time.
On this basis, the calculations are carried out as follows:
▻ For the first 5-year period (i.e. a total of 480 hours), for each year or part of a year from six months of seniority: 96: 191 = 0.50 month;
▻ From the 6th to the 10th year, for each year or part of a year: 144:191 = 0.75 month;
▻ From the 11th to the 15th year, for each year or part of a year of six months: 192:191 = 1.00 month;
▻ For each year or part of a year beyond the 15th year: 240:191 = 1.26 month.
▷ The simulation tool established by the Ministry of Labour to calculate severance pay is available online.

→ Section 70 LC indicates that: Employees are entitled to the notice and dismissal compensation provided for in Sections 51 and 52 above, respectively, whether or not the employer obtains authorization for dismissal, in accordance with Sections 66, 67 and 69 above. However, in the event of dismissal in accordance with the said Sections, without the aforementioned authorization, the dismissed employees will only benefit from the damages provided for in Section 41 above by court decision if they are not reinstated in their positions while retaining their rights. (...).
→ In addition Section 41 LC provides that In the event of wrongful termination of the employment contract by one of the parties, the injured party has the right to claim damages.
The parties may not waive in advance any possible right to request damages resulting from the breach of contract, whether abusive or not. (...).
Note: Redundancy calculation shall be the same as severance pay.