→ Section 2 LC indicates that: The provisions of this code shall not apply to the magistrates of the judiciary; members of the armed forces; persons appointed in a permanent framework of public administration and agents and auxiliary administrative state and local authorities, unless otherwise specified in a particular status.

▷ Rules on the use of FTCs are contained in Sections 57-66 of the LC.
Section 57 indicates that: The employment contract concluded for a fixed term must include a precise term fixed from its conclusion; it must therefore indicate either the date of its expiry or the precise duration for which it is concluded.
However, this contract may include an imprecise term in the cases provided for in Section 61 and under the conditions set out in Section 62.

→ Under Section 60 LC, FTCs can be concluded (with imprecise terms) for:
▻ Replacement of a temporarily absent worker,
▻ The length of a season,
▻ An occasional increase in workload, or
▻ Work that does not form part of the customary activities of the enterprise.

→ Section 59 LC indicates that: A fixed-term employment contract is a contract with a definite, predetermined end date agreed upon by both parties.
It must be in writing. Its duration may not exceed two years, and is renewable only once. However, short-term contracts may be concluded and renewed more than once, provided that their total duration does not exceed two years.

→ Under Section 59 LC, the duration of a fixed-term contract may not exceed two years.

▶ Labour Code
→ Section 54 LC provides that: The maximum probationary period for permanent contracts cannot exceed:
▻ Six months for managers,
▻ Three months for white-collar workers, technicians and supervisors, and
▻ One month for any other employee.
▶ Collective Agreement
→ Section 15 of the General Collective Agreement indicates that a trial period may be provided for in the hiring of any worker, the purpose of which is to allow his employer to assess his ability to satisfactorily perform the tasks corresponding to the job applied for. The duration of this trial period is set at:
▻ 15 days for workers paid on an hourly basis;
▻ 1 month for monthly paid workers;
▻ 3 months for executives, first-line supervisors.
The trial period is renewable only once. Under no circumstances should the trial period be confused with the internship that some employees may have completed before starting their employment.

▷ The Labour Code primarily applies to private sector employment relationships. The public sector workers, magistrates (judiciary), members of the armed forces, police, and specific public administration employees or civil servants are excluded from its scope, including dismissal protections.

▷ Pregnancy and maternity
→ 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.
▻ In any event, no employer may dismiss a woman during the suspension periods provided for in Sections108 and 109, whether or not the woman makes use of her right to suspension.
→ 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.
▷ Illness or accident
→ Section 118 LC. Except in cases of serious misconduct or where it is impossible to keep the contract, no employer may dismiss an employee whose contract is suspended due to illness or accident.
▷ 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.

▷ 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 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.

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

→ Under Section 162 LC, the termination of an indefinite employment contract only becomes effective upon expiry of a period called notice. The notice period begins on the day the letter notifying the dismissal is presented at the employee's home or on the day it is handed directly to him against receipt; it ends imperatively at the expiry of its duration calculated from date to date in the case of a notice expressed in months and from day to day in the case of a notice expressed in days.
Regardless of how their salary is determined, an employee who is dismissed is entitled to:
▻ One month's notice after one year of service in the company;
▻ Two months after at least three years of service in the company; and
▻ Fifteen days in other cases.
The length of service to be taken into account is calculated by adding together the months of actual or equivalent work completed by the employee. Each period of twelve months is equivalent to one year.

→ Section 157 LC indicates that: A dismissal for economic reasons is a dismissal carried out by an employer due to the elimination or transformation of a job resulting, in particular, from technological changes or restructuring, or to economic difficulties likely to compromise the activity and/or financial stability of the company.

→ Section 158 LC indicates that: To gather their opinions and suggestions, the employer must provide, in writing, to the staff representatives any list of jobs eliminated or modified, as well as the list of workers proposed for dismissal, specifying the selection criteria chosen.
The staff representatives must send their responses and observations to the employer within 8 days of receiving the documents set forth in the first paragraph of this Section.
→ Section 159 LC provides that: Within eight days of the transmission to the Labour Inspectorate of the employer's communication, and where applicable, of the response from the staff representatives, the employer must seek further information with the representatives, if any, or with workers directly, if there are none, and in the presence of the Labour Inspector, all possible measures to avoid dismissals, including: reduction of working hours, shift work, part-time work, technical unemployment, revision of the company or establishment of a collective agreement or reduction of wages and contractual wage supplements.
▻ At the conclusion of negotiations, which must not exceed thirty days from the date the Labour Inspector receives the file transmitted to him/her as required under Section 158, paragraph 4, if an agreement has been reached, a report signed by the employer, on the one hand, the Labour Inspector, on the other hand, and the staff representatives, if any, or failing that, the duly authorized representatives of the workers, specifies the measures adopted and the duration of their application. (...).

→ Section 158 LC indicates that: To gather their opinions and suggestions, the employer must provide, in writing, to the staff representatives any list of jobs eliminated or modified, as well as the list of workers proposed for dismissal, specifying the selection criteria chosen.
The staff representatives must send their responses and observations to the employer within eight days of receiving the documents set forth in the first paragraph of this Section.
Upon expiry of the period stipulated in the preceding paragraph, the employer's communication, and where applicable, the response from the staff representative, shall be forwarded without delay to the relevant Labour Inspector. If there is no staff representative, the employer's communication, as provided for in the first paragraph of this Section, shall be sent directly to the Labour Inspector.
→ Section 159 LC provides that: Within eight days of the transmission to the Labour Inspectorate of the employer's communication, and where applicable, of the response from the staff representatives, the employer must seek further information with the representatives, if any, or with workers directly, if there are none, and in the presence of the Labour Inspector, all possible measures to avoid dismissals, including: reduction of working hours, shift work, part-time work, technical unemployment, revision of the company or establishment of a collective agreement or reduction of wages and contractual wage supplements. (...).

→ Section 158 LC provides that: The employer must provide in writing to the staff representatives, the list of jobs lost or changed and the list of workers it intends to terminate, specifying the selection criteria chosen.

▷ No explicit requirement for "approval by Labour Inspector". The Labour Code provides for consultation and validation of a potential agreement in negotiations.
→ Section 159 LC indicates that: At the end of the negotiations (which should not exceed thirty days from the date of receipt by the Labour Inspector of the file transmitted), if an agreement is reached, a minutes signed by the employer on the one hand, the Labour Inspector, on the other hand, and the staff representatives, specifies the measures used and the duration of their application.

▷ No explicit requirement for "approval by workers' representatives". The Labour Code provides for consultation and validation of a potential agreement in negotiations.
→ Section 159 LC provides that: At the end of the negotiations (which should not exceed thirty days from the date of receipt by the Labour Inspector of the file transmitted), if an agreement is reached, a minutes signed by the employer on the one hand, the Labour Inspector, on the other hand, and the staff representatives, specifies the measures used and the duration of their application.

▷ Professional skills, length of service, family responsibilities and age.
→ Under Section 158 of the LC: First, shall be dismissed:
▻ workers with the least professional skills,
▻ The least senior in the company;
▻ With equal seniority, those with the fewest family responsibilities, and
▻ With equal family responsibilities, the youngest.

▶ Labour Code
→ Section 161 LC provides that: The worker thus dismissed retains for one year the priority for re-employment in the same job category.
▻ To benefit from these provisions, those concerned must, within one month of being dismissed, apply for reemployment and respond to any job offer that may be made to them by appearing within the time limits set by the employer.
▶ Collective Agreement
→ Section 14 of the General Collective Agreement states that: A worker dismissed as a result of job elimination or staff reduction retains priority for hiring in the same job category for two (2) years.

No statutory provision was found in the legislation reviewed.

→ Under Section 159 LC, when negotiations have failed, or if, despite the measures considered, some dismissals prove necessary, the employer shall carry out the dismissals in compliance with the rules of notice, severance pay and the selection criteria adopted. (...).
→ Section 169 LC indicates that: An employee who, at the time of the effective termination of his work, has at least two years of seniority in the company, is entitled to severance pay at the expense of the employer.
This severance pay shall be calculated on the basis of a percentage of the average gross monthly salary for the last twelve months - excluding family dependency allowances.
This percentage is equal to :
- 25% per year for the first five years;
- 30 % per year for the following five years; and
- 35 % per year from the eleventh year onwards.
The seniority to be taken into consideration shall be calculated under the same terms and conditions as defined in Section 162 (Paragraph 4) LC. However, the amount of severance pay to be calculated on that basis, shall be reduced by the amount of termination indemnities previously received by the employee in the company.
→ Under Section 162, the seniority to be taken into account is calculated by adding together the months of actual or equivalent work completed by the employee, each period of twelve months is equivalent to one year.

The Labour Code does not distinguish between severance and redundancy payment.