Legal coverage relates to the scope of the legal regulation. It refers to those workers and enterprises to whom employment protection laws apply. Some countries exclude certain categories of workers, such as agricultural workers or domestic workers, as well as enterprises of a certain size, from the general regime of their employment protection regulations. Note, however, that if certain workers are excluded from the general regime, this may mean either that they are not covered at all, or that they are covered by other, specific regulations. For example, civil servants are often covered by a specific regime. In contrast, domestic workers are often excluded from any protection altogether.  Some countries have undertaken reforms to expand legal coverage by extending employment protection laws to more workers or enterprises.

Show data for

Approximately 3/4 of EPLex countries do not exclude workers on the basis of the size of the enterprise

  • No exclusions
  • Exclusions based on enterprise size
  • No data

Workers excluded from coverage on the basis of the size of the enterprise

Year(s) Country Country Remark Region none none Remark 5 5 Remark 10 10 Remark 15 15 Remark 20 20 Remark 30 30 Remark 50 50 Remark 100 100 Remark
2020 Slovakia Slovakia Europe N N N N N N N N Y
Y Section 73 (1) LC expressly exempts from the procedural requirements applicable to collective dismissals enterprises with less than 20 employees.
This exclusion only covers collective dismissals and the rules on individual dismissals and contracts of employment apply to all enterprises.
N N N N N N
2019 Australia Australia Asia N N N N N N Y
Y Although there is no general exclusion based on the size of the enterprise in the FWA, there are however some exemptions or specific requirements pertaining to dismissal in businesses with less than 15 employees (referred to in the Act as "small business employer": s23 FWA).
1) Small business employers are excluded from the obligation to pay redundancy pay (s121(1)b) FWA)
2) In addition, small business employees cannot make a claim for unfair dismissal in the first 12 months following their engagement, whereas protection against unfair dismissal applies after 6 months of employment in businesses with 15 or more employees.
3) After the 12-month-period of employment, small business employers must observe the requirements set out in the Small Business Fair Dismissal Code in order to dismiss an employee. If the employer follows the Code, then the dismissal will be deemed to be fair.

It is worth noting that under the former legislation, there was a broader exemption related to the size of the employer's workforce. According to s643 (Workplace Relations Act), claims of unfair dismissal were not available to employees working for an employer with 100 or fewer employees.
N N N N N N N N
2019 Azerbaijan Azerbaijan Europe Y
Y Art. 4 LC N N N N N N N N N N N N N N
2019 Belgium Belgium Europe N N N N N N N N Y
Y Restriction only applicable to collective dismissals: see definition of collective dismissal: art. 1, Royal Order 1976.
However, the rules on individual dismissal apply to all enterprises.
N N N N N N
2019 Burkina Faso Burkina Faso Africa Y
Y N N N N N N N N N N N N N N
2019 Bulgaria Bulgaria Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals: see collective dismissal definition in Supplementary provisions, § 1 (9) LC.
The rules on individual dismissals apply to all enterprises.
N N N N N N
2019 Brazil Brazil Americas Y
Y N N N N N N N N N N N N N N
2019 Congo, Democratic Republic Congo, Democratic Republic Africa Y
Y N N N N N N N N N N N N N N
2019 Central African Republic Central African Republic Africa Y
Y N N N N N N N N N N N N N N
2019 Switzerland Switzerland Europe Y
Y However, the definition of collective dismissal under Art. 335d CO implies that the rules on collective dismissals apply only to enterprises of more than 20 workers. N N N N N N N N N N N N N N
2019 Côte d'Ivoire Côte d'Ivoire Africa Y
Y N N N N N N N N N N N N N N
2019 Cameroon Cameroon Africa Y
Y N N N N N N N N N N N N N N
2019 Algeria Algeria Africa Y
Y N N N N N N N N N N N N N N
2019 Spain Spain Europe Y
Y There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
- Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
- In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET).
N N N N N N N N N N N N N N
2019 Finland Finland Europe N N N N N N N N Y
Y The ACU (that establishes cooperation procedures in particular with regards to economic dismissals) only applies to enterprises employing 20 or more workers. However, the ECA is applicable no matter the size of the enterprise. N N N N N N
2019 Gabon Gabon Africa Y
Y N N N N N N N N N N N N N N
2019 United Kingdom United Kingdom Europe Y
Y N N N N N N N N N N N N N N
2019 Greece Greece The Social Security Law (No. 3863/2010) enacted in July 2010 and further amended has introduced several changes to the rules regarding dismissals. Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals. Act. 1387/1983 which governs collective dismissal does not apply to undertakings with less than 20 employees. However, those enterprises are not excluded from the regulation on individual dismissal. N N N N N N
2019 Hungary Hungary Europe N N N N N N N N Y
Y •Exclusion only applicable to collective dismissals: see definition of collective dismissal in sec. 71 (1) LC. The rules on individual dismissals and all other rules apply to all enterprises.
N N N N N N
2019 Indonesia Indonesia Asia Y
Y N N N N N N N N N N N N N N
2019 Jordan Jordan In addition, Article 23 of the Constitution of Jordan provides that:
"1- Work is the right of all citizens, and the State shall avail it to Jordanians by directing and improving the national economy.
2- The State shall protect labour and enact legislation therefore based on the following principles:
(...) c- Specifying special compensation to workers supporting families and in the cases of dismissal, illness, disability and emergencies arising out of work. (...)"
Arab States Y
Y N N N N N N N N N N N N N N
2019 Kyrgyzstan Kyrgyzstan Europe N N N N N N Y
Y Art. 55 LC: The fixed-term contracts may be concluded with workers hired in the small or medium-size enterprise employing up to 15 workers during the 1st year of its creation. N N N N N N N N
2019 Comoros Comoros Africa Y
Y N N N N N N N N N N N N N N
2019 Korea, Republic of Korea, Republic of Asia N N Y
Y Art. 11 LSA:
"Article 11 (Scope of Application)
(1) This Act shall apply to all businesses or workplaces in which five or more workers are ordinarily employed. This Act, however, shall not apply to any business or workplace which employs only relatives living together, and to a worker who is hired for domestic work.
(2) With respect to businesses or workplaces which ordinarily employs fewer than five workers, only part of the provisions of this Act may be made applicable as prescribed by the Presidential Decree.
(3) In the application of this Act, the method of calculating the number of workers ordinarily employed shall be prescribed by the Presidential Decree".
N N N N N N N N N N N N
2019 Kazakhstan Kazakhstan Europe Y
Y Article 8 of the Labour Code N N N N N N N N N N N N N N
2019 Lesotho Lesotho Africa Y
Y However there are some exemptions for family undertakings employing less than five people with regards to working hours, employment of young persons. These exemptions do not apply to termination of employment. N N N N N N N N N N N N N N
2019 Luxembourg Luxembourg Europe Y
Y N N N N N N N N N N N N N N
2019 Morocco Morocco Africa N N N N Y
Y Exclusion only applicable to collective dismissal: see definition of collective dismissal in Art. 66 LC.
The rules on individual dismissals apply to all enterprises.
N N N N N N N N N N
2019 Madagascar Madagascar Africa Y
Y N N N N N N N N N N N N N N
2019 Malawi Malawi Africa Y
Y N N N N N N N N N N N N N N
2019 Namibia Namibia Africa Y
Y N N N N N N N N N N N N N N
2019 Niger Niger Africa Y
Y N N N N N N N N N N N N N N
2019 Netherlands Netherlands Europe Y
Y N N N N N N N N N N N N N N
2019 Norway Norway The four previous distinct Discrimination Acts were superseded by the comprehensive Equality and Non-Discrimination Act No. 51 of 16 June 2017. Europe Y
Y N N N N N N N N N N N N N N
2019 New Zealand New Zealand Asia Y
Y N N N N N N N N N N N N N N
2019 Peru Peru Americas Y
Y No enterprises excluded as such from the LPLC, according to its art. 4,which is the main act governing termination of employment.
However, it is important to note that the Productive Development and Corporate Growth Act of December 2013 stablish several especial provisions for Micro and Small Enterprises.

For a definition on Micro, Small and Medium Enterprises see article 4 and 5 of the Productive Development and Corporate Growth Act.
N N N N N N N N N N N N N N
2019 Russian Federation Russian Federation Europe Y
Y Article 59 provides that a fixed-term contract may be concluded upon agreement by the worker and the employer in entreprises employing less than 35 workers (or 20 workers in enterprises of retail and services). N N N N N N N N N N N N N N
2019 Rwanda Rwanda In 2018, a new Labour Code was adopted. It replaced the 2009 Labour Code. Africa Y
Y N N N N N N N N N N N N N N
2019 Singapore Singapore The tripartite partners – the Ministry of Manpower (MOM), the National Trades Union Congress (NTUC) and the Singapore National Employers Federation (SNEF) - have jointly issued a Tripartite Guidelines on Managing Excess Manpower in 2008. It was revised in 2017 as "Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment" (Available at: https://www.mom.gov.sg/~/media/mom/documents/employment-practices/guidelines/tripartite-advisory-on-managing-excess-manpower-and-responsible-retrenchment.pdf?la=en). Asia Y
Y N N N N N N N N N N N N N N
2019 Senegal Senegal Africa Y
Y N N N N N N N N N N N N N N
2019 Thailand Thailand A new Act amending the Labour Protection Act [Labour Protection Act (No. 7)] was adopted in April 2019. Those changes deal with various issues; for example, art.17/1 - termination of employment without prior notice, art.118 - establishing some new rates of severance pay (the length of service more than 10 years but less than 20 years and the length of service more than 20 years), article 120 – relocation of employer’s establishment, etc. Asia Y
Y N N N N N N N N N N N N N N
2019 Tajikistan Tajikistan Europe Y
Y N N N N N N N N N N N N N N
2019 Turkmenistan Turkmenistan Europe Y
Y N N N N N N N N N N N N N N
2019 Tunisia Tunisia Africa Y
Y Pursuant to art. 1 LC, the LC applies to all industrial, commercial and agricultural establishment and their branches, regardless of their nature, whether public or private, religious or secular, with professional or charitable purposes.
______________
L'article 1 du Code du travail dispose que celui-ci s'applique "aux établissements de l'industrie, du commerce, de l'agriculture et à leurs dépendances, de quelque nature qu'ils soient, publics ou privés, religieux ou laïques, même s'ils ont un caractère professionnel ou de bienfaisance. Il s'applique également aux professions libérales, aux établissements artisanaux, aux coopératives, aux sociétés civiles, syndicats, associations et groupements de quelque nature que ce soit."
N N N N N N N N N N N N N N
2019 Turkey Turkey Europe N N N N N N N N N N Y
Y The main size-based exclusion regarding termination of employment concerns establishments with less than 30 employees. In those establishments, employees are not covered by the job security provision, which means the employer's obligation to depend on a valid reason to terminate an employment contract does not apply (see Art. 18 LA)

In addition, Art. 4 LA provides for specific exclusions from the scope of application of the LA related to the size of the undertakings. Are excluded:
- establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out;
- establishments employing three or fewer employees and falling within the definition given in Art. 2 of the Tradesmen and Small Handicrafts Act.

Although the Labour Act stipulates that employers and employees are entitled to enter into any type of employment contract within the remits of the law, based on the requirements of their employment relationship, it does not stipulate all types of employment contract.

The new Code of Obligations of 19 December 2012 regulates the contract of workers not covered by the Labour Act and therefore provides for two types of employment contract that are not set out under the Labour Law - namely, "home working agreements" and "marketing agreements". In addition, even if the employees of the establishments with less than 30 employees are not covered by the job security provision, the 2012 Code of Obligations provides that, in the case of marketing facilities agreements, if there is no written contract to determine the terms and termination of the contract, the authority of the marketing employee, the payment of salary and expenses and the applicable law and the competent courts, the provisions of law and customary employment conditions will apply to the employment relationship between the parties.
N N N N
2019 Tanzania, United Republic of Tanzania, United Republic of In 2017, the Employment and Labour Relations (General) Regulations, 2017 were enacted to improve the implementation of ELRA. Africa Y
Y N N N N N N N N N N N N N N
2019 Uganda Uganda Africa Y
Y N N N N N N N N N N N N N N
2019 Uzbekistan Uzbekistan Europe Y
Y N N N N N N N N N N N N N N
2019 Venezuela, Bolivarian Republic of Venezuela, Bolivarian Republic of Americas Y
Y No exclusion based on the size of the enterprise,
[Under the previous OLL, enterprises with fewer than 10 workers were exempt from the obligation reinstate a worker following a court decision ruling that the dismissal is unjustified. Such exemption was not repeated in the new OLL]
N N N N N N N N N N N N N N
2019 South Africa South Africa Africa Y
Y N N N N N N N N N N N N N N
2019 Zambia Zambia Africa Y
Y N N N N N N N N N N N N N N
2018 Antigua and Barbuda Antigua and Barbuda Americas Y
Y N N N N N N N N N N N N N N
2018 Armenia Armenia Europe Y
Y However, art. 116 LC defines collective dismissal for economic reasons as any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months. This leads in practice to the non applicabilty of collective dismissal regulation to enterprises with less than 10 workers.
N N N N N N N N N N N N N N
2018 Argentina Argentina Americas Y
Y The rules on notice period do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
N N N N N N N N N N N N N N
2018 Botswana Botswana Africa Y
Y N N N N N N N N N N N N N N
2018 Chile Chile Americas Y
Y N N N N N N N N N N N N N N
2018 Japan Japan Asia Y
Y N N N N N N N N N N N N N N
2018 Malaysia Malaysia Asia Y
Y N N N N N N N N N N N N N N
2017 Bangladesh Bangladesh Asia Y
Y There are no general size-related exclusions regarding the applicability of termination of employment provisions.
However, the provisions on (temporary) stoppage of work and lay-off do not apply to establishments with less than 5 workers.
This exclusion can affect termination of employment insofar as sec. 16(7) LA regulating lay-off provides that where, during a calendar year, a worker is to be laid off after the first forty-five days for any continuous period of fifteen days or more, the employer may retrench that worker instead of temporarily laying him/her off.

N N N N N N N N N N N N N N
2017 Bolivia Bolivia Americas Y
Y N N N N N N N N N N N N N N
2017 China China Asia Y
Y N N N N N N N N N N N N N N
2017 Germany Germany Europe N N N N Y
Y As a result of a reform, since 31 December 2003, the PADA which is the main Act on dismissals only applies to employees in enterprises with more than 10 employees. However, those employees hired before 31 January 2004, in enterprises with more than 5 workers, keep their statutory protection (sec. 23 PADA).

The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA).

Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).
N N N N N N N N N N
2017 Denmark Denmark Europe N N N N N N N N Y
Y The rules on collective dismissals are only applicable to enterprises with more than 20 workers [see definition of collective dismissal: sec. 1 CDA].
However, the rules on individual dismissal apply to all enterprises.
N N N N N N
2017 Estonia Estonia Europe Y
Y N N N N N N N N N N N N N N
2017 Egypt Egypt Africa Y
Y N N N N N N N N N N N N N N
2017 Italy Italy Europe N N N N N N Y
Y The Worker's Statute excludes enterprises with less than 15 employees (or less than 5 in the agricultural sector) from specific aspects related to dismissals and worker's representatives (see: art. 35). This exclusion entails consequences on the available remedies for unfair dismissal.
In addition, the Act No. 223 on collective dismissal is only applicable to undertakings employing more than 15 workers (art.1).
N N N N N N N N
2017 Cambodia Cambodia Asia Y
Y Art. 2 LC N N N N N N N N N N N N N N
2017 Moldova, Republic of Moldova, Republic of Europe Y
Y N N N N N N N N N N N N N N
2017 Montenegro Montenegro Europe N N N N N N N N Y
Y This exclusion only covers collective dismissals: the procedural requirements on collective dismissals only apply to enterprises with at least 20 workers (see definition of collective dismissal in art. 92 LL). However, the rules governing individual dismissals apply to all enterprises. N N N N N N
2017 Macedonia, The Former Yugoslav Republic of Macedonia, The Former Yugoslav Republic of Europe Y
Y N N N N N N N N N N N N N N
2017 Mongolia Mongolia Asia Y
Y N N N N N N N N N N N N N N
2017 Romania Romania The Labour Code has been substantially modified through the Law No. 40/2011 of March 31, 2011 which entered into force on May 1st, 2011.
It was then republished with a new renumbering of its articles in the Official Gazette of Romania, issue no. 345 of May 18th, 2011, but without any further changes on the content of the articles.
Europe N N N N N N N N Y
Y The rules regarding collective dismissal are only applicable in case of undertakings with more than 20 workers. LC, Art. 68(1), 2003 N N N N N N
2017 Saudi Arabia Saudi Arabia Arab States Y
Y N N N N N N N N N N N N N N
2017 Sweden Sweden Europe Y
Y N N N N N N N N N N N N N N
2017 Ukraine Ukraine Law on Employment, adopted in 2013, compared to the Labour Code contains only a new definition of mass redundancy Europe Y
Y N N N N N N N N N N N N N N
2017 United States United States There is no federal law regulating the termination of employment as such. The United States has an "at will" employment system which allows for the dismissal of workers for any reason, or for no reason at all. In addition, there are no statutory procedural requirements to be observed with the exception of notice requirements in the event of mass dismissal, as set out in the WARN Act).
In the American States, with the exceptions of the State of Montana, the Commonwealth of Puerto Rico, and the non-metropolitan territory of the US Virgin Islands, as yet there is no legislation specifically focused on employment termination.

Most of the laws listed under "reference" are federal anti discrimination laws which operate to provide some measure of protection to employees in regard to termination.
The relevant federal statutes listed here are supplemented in many of the fifty states by similar legislation.

It is worth noting that an attempt has been made to provide legislative guidelines for dismissals under a model act. In 1991, the National Conference of Commissioners of Uniform State Laws adopted a Model Employment Termination Act (META) which would protect workers from dismissal without good cause by an employer. The model legislation is similar in scope and intention to the ILO Termination of Employment Convention, 1982 (No. 158). As of 2010, only Delaware has enacted a version of META.


Americas N N N N N N N N N N N N N N Y
Y 1) This exclusion only refers to The Worker Adjustment and Retraining Notification Act [WARN] which provides for notification requirements in the event of mass layoffs or plant closure. This act covers only employers with 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work an average of less than 20 hours a week (42 U.S.C. sec. 2101).

2) In addition, the following Acts provide for size-based exclusions:
- Title VII of the Civil Rights Act [CRA]: covers only employers having 15 or more employees (42 U.S.C. sec. 2000e(b) [sec. 701] ).
- The Age Discrimination in Employment Act [ADEA]: covers only employers having 20 or more employees (29 U.S.C. sec. 630 (b) [sec. 11]).
- The Americans with Disabilities Act [ADA]: covers only employers having 15 or more employees (42 U.S.C. sec. 12111(5)(A) [sec. 101]).
- The Genetic Information Nondiscrimination Act of 2008 [GINA]: covers only employers having 15 or more employees ([sec. 201]), referring to sec. 701b of the CRA (42 U.S.C.A. § 2000e(b)).
- The Family and Medical Leave Act of 1993 [FMLA]: covers only employers having 50 or more employees ([sec. 101]
- The Worker Adjustment and Retraining Notification Act [WARN]: covers only employers with 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work an average of less than 20 hours a week (42 U.S.C. sec. 2101).

3)There are no such exclusions in the NLRA, OSHA or JSIA.

4) These federal non-discrimination statutes,are supplemented in many of the fifty states by similar legislation that covers smaller employers, as well as by state and local government.
2017 Serbia Serbia Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals: see definition of collective dismissal: art. 153 LL.
However, those enterprises are not excluded from the regulation on individual dismissal.
N N N N N N
2016 Austria Austria Europe N N Y
Y The Works Constitution Act (which lays down the general protection on dismissal) is only applicable to undertakings with more than 5 employees: sec. 40 (1) WCA.
The definition of collective dismissals excludes enterprises with less than 20 workers: sec. 45a Labour Market Promotion Act.
N N N N N N N N N N N N
2014 Portugal Portugal Europe N N N N Y
Y There is general exclusion from the Labour Code based on the size of the enterprise.
However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
- The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
- In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
N N N N N N N N N N
2013 United Arab Emirates United Arab Emirates Arab States Y
Y N N N N N N N N N N N N N N
2013 Afghanistan Afghanistan Asia Y
Y N N N N N N N N N N N N N N
2013 Angola Angola Africa Y
Y N N N N N N N N N N N N N N
2013 Ethiopia Ethiopia Africa Y
Y N N N N N N N N N N N N N N
2013 Ghana Ghana Africa Y
Y N N N N N N N N N N N N N N
2013 Sri Lanka Sri Lanka Asia N N N N N N Y
Y - The TEWA does not apply to workers in establishments with fewer than 15 workers (sec. 3(1)(a) TEWA).
- The provisions of the IDA governing retrenchment do not apply to enterprises employing less than 15 workers (sec. 31E(1) a) IDA).
N N N N N N N N
2013 Nigeria Nigeria Africa Y
Y N N N N N N N N N N N N N N
2013 Philippines Philippines Asia Y
Y Art. 278 LC N N N N N N N N N N N N N N
2013 Syrian Arab Republic Syrian Arab Republic Arab States Y
Y N N N N N N N N N N N N N N
2013 Yemen Yemen Arab States Y
Y N N N N N N N N N N N N N N
2012 Canada (Federal only) Canada (Federal only) It is important to recall that in Canada, the employment relationship of workers is primarily governed by provincial statutes enacted by the legislative power of the province in which the work takes place.
However, the federal parliament also has jurisdiction over employment relationships in certain sectors.
For practical reasons, the information provided here only reflects the content of federal legislation and are therefore only relevant to federally regulated workers which is approximately only 10 per cent of the labour force.


Americas Y
Y N N N N N N N N N N N N N N
2012 Cyprus Cyprus Europe N N N N N N N N Y
Y Exclusion only applicable to Collective Dismissals Act (sec. 2 CDA). No exclusion under the TEA, therefore the rules on individual dismissal apply to all enterprises. N N N N N N
2012 France France Europe N N N N Y
Y There is no general exclusion based on the size of the enterprise. However, the LC provides for exemptions from some procedural requirement for enterprises employing less than 11 workers in particular with respect to sanctions in the event of non compliance with dismissal (procedural and substantive)requirements. See art. L. 1235-5 LC and art. L. 1235-14 LC (on economic dismissal).
In addition, employees' representatives ("délégués du personnel") who shall be consulted in the event of collective dismissal must be elected only in companies employing at least 11 workers.
N N N N N N N N N N
2012 Honduras Honduras Americas Y
Y No enterprises excluded. However, the rules on severance pay differ in micro-enterprises which with a maximum of 10 employees (see art. 120A LC). N N N N N N N N N N N N N N
2012 Saint Lucia Saint Lucia Americas Y
Y N N N N N N N N N N N N N N
2012 Slovenia Slovenia Europe N N N N N N N N Y
Y - Undertakings with less than 20 employees are exempt from the procedural requirements applicable to collective dismissals. (see definition of collective dismissals in art. 96 ERA).
- In addition, there are some exceptions or specific requirements for employers employing ten or less employees (referred to in the ERA as "smaller employer": art. 5 ERA). With regards to those employers:
- a branch collective agreement may provide for shorter notice periods than those established by the law (art. 91 ERA);
- a branch collective agreement can provide for the conclusion of fixed term contracts in situations other than those restrictively allowed by the ERA (art. 52 (2) ERA);
- the obligation to check the possibility of finding another suitable job for an employee prior to his dismissal for economic reasons or capacity-related reasons does not apply (art. 88 ERA).
N N N N N N
2012 Viet Nam Viet Nam Changes brought by the new Labour Code (in force since May, 1st 2013, will be reflected in the EPLex profile for 2013. Asia Y
Y Art. 2 LC N N N N N N N N N N N N N N
2011 Georgia Georgia Europe Y
Y Article 1 of the Labour Code (LC) N N N N N N N N N N N N N N
2010 Czech Republic Czech Republic Europe N N N N N N N N Y
Y Exclusion only applicable to collective dismissals: see definition of collective dismissal in art. 62 (1) LC.
However, the rules on individual dismissals apply to all enterprises.

N N N N N N
2010 Iran, Islamic Republic of Iran, Islamic Republic of Asia Y
Y However, according to sec. 191 LC: "Small­ scale enterprises with fewer than ten workers may, as circumstances require, be temporarily excluded from some of the provisions of this Code. Determination as to such exceptional cases shall be in conformity with regulations to be proposed by the Supreme Labour Council and approved by the Council of Ministers."
N N N N N N N N N N N N N N
2010 Mexico Mexico Americas Y
Y N N N N N N N N N N N N N N
2010 Panama Panama Americas Y
Y N N N N N N N N N N N N N N
2010 El Salvador El Salvador Americas Y
Y N N N N N N N N N N N N N N

Approximately 1/4 of EPLex countries exclude domestic workers from the general regime of employment protection legislation

  • Exclusion of domestic workers
  • No data

Workers excluded from coverage on the basis of their occupation or sector

Year(s) Country Country Remark Region none none Remark actors actors Remark agricultural workers agricultural workers Remark apprentices apprentices Remark blue-collar workers blue-collar workers Remark civil/public servants civil/public servants Remark clergy clergy Remark diplomats diplomats Remark domestic workers domestic workers Remark employer's family members employer's family members Remark journalists journalists Remark members of cooperatives members of cooperatives Remark judiciary judiciary Remark seafarers seafarers Remark state security corps state security corps Remark mine workers mine workers Remark flying personnel flying personnel Remark police police Remark managerial / executive positions managerial / executive positions Remark sportsmen sportsmen Remark auxiliary administrative employees auxiliary administrative employees Remark teachers teachers Remark army army Remark prison personnel prison personnel Remark dock workers dock workers Remark administrative body administrative body Remark UN employees UN employees Remark
2020 Slovakia Slovakia Europe Y
Y - On civil/public servants and professional athletes: see sec. 2 LC.
*Sec. 2: (1) This Act shall apply to legal relations in the civil service performance, only where so stipulated by a special regulation.
(2) This Act shall apply to legal relations arising from the public function performance, if so expressly stipulated or if so stipulated by a special regulation.
(3)The legal relations of professional athletes in the exercise of sport on the basis of an agreement for the professional exercise of sport and for legal relations of sport experts in the exercise of an activity on the basis of an agreement for the exercise of activity of a sport expert shall be governed by this Act only if stipulated by a special regulation.
*Sec. 3: "1) Labour-law relations of employees performing work in the public interest shall be governed by this Act, unless stipulated otherwise by a special regulation. [prior to the July 2011 amendments: labour-law relations of employees in the public service performance]
(2) Labour-law relations of transportation employees, members of ships' crew floating under the flag of the Slovak Republic, employees of private security services and professional sports people shall be governed by this Act, unless stipulated otherwise by a special regulation.
(3) Labour-law relations of employees of churches and religious communities which perform clerical activities, shall be governed by this Act, unless stipulated otherwise by this Act, special regulation, international treaty by which the Slovak Republic is bound, a treaty concluded between the Slovak Republic and churches and religious communities, or internal regulations of churches and religious communities."

- On seafarers: there is no general exclusion of seafarers from the Labour Code: sec. 73(9) LC only excludes "crew members of vessels flying the flag of the Slovak Republic" from the provisions on collective redundancies.

- Finally, on other possible exclusions, sec. 3 LC provides that labour relations of, inter alia, employees performing health care occupations, pedagogical employees, employees that are theatrical artists or musicians, members of ships' crew floating under the flag of the Slovak Republic, employees of private security services, employees of churches and religious communities which perform clerical activities, shall be governed by this Act, unless stipulated otherwise by a special regulation.
Y
Y - On civil/public servants and professional athletes: see sec. 2 LC.
*Sec. 2: (1) This Act shall apply to legal relations in the civil service performance, only where so stipulated by a special regulation.
(2) This Act shall apply to legal relations arising from the public function performance, if so expressly stipulated or if so stipulated by a special regulation.
(3)The legal relations of professional athletes in the exercise of sport on the basis of an agreement for the professional exercise of sport and for legal relations of sport experts in the exercise of an activity on the basis of an agreement for the exercise of activity of a sport expert shall be governed by this Act only if stipulated by a special regulation.
*Sec. 3: "1) Labour-law relations of employees performing work in the public interest shall be governed by this Act, unless stipulated otherwise by a special regulation. [prior to the July 2011 amendments: labour-law relations of employees in the public service performance]
(2) Labour-law relations of transportation employees, members of ships' crew floating under the flag of the Slovak Republic, employees of private security services and professional sports people shall be governed by this Act, unless stipulated otherwise by a special regulation.
(3) Labour-law relations of employees of churches and religious communities which perform clerical activities, shall be governed by this Act, unless stipulated otherwise by this Act, special regulation, international treaty by which the Slovak Republic is bound, a treaty concluded between the Slovak Republic and churches and religious communities, or internal regulations of churches and religious communities."

- On seafarers: there is no general exclusion of seafarers from the Labour Code: sec. 73(9) LC only excludes "crew members of vessels flying the flag of the Slovak Republic" from the provisions on collective redundancies.

- Finally, on other possible exclusions, sec. 3 LC provides that labour relations of, inter alia, employees performing health care occupations, pedagogical employees, employees that are theatrical artists or musicians, members of ships' crew floating under the flag of the Slovak Republic, employees of private security services, employees of churches and religious communities which perform clerical activities, shall be governed by this Act, unless stipulated otherwise by a special regulation.
2019 Australia Australia Asia Y
Y The scope of application of the FWA differs in the various parts of the Act. 'Employee' and 'employer' are either given 'their ordinary meaning' or most frequently refer to 'national system employees' or 'national system employer'.
The main provisions on dismissal apply only to national system employees (i.e Part 3-2 on Unfair Dismissal, redundancy pay and notice of termination provisions).

The definition of national system employees and employers is provided in s14 and 15 FWA.
Employees covered by the national workplace relations system include those:
- employed by a constitutional corporation (these are corporations that are trading or financial, usually Pty Ltd or Ltd companies)
- employed by the Commonwealth or a Commonwealth authority
- employed in Victoria, the Northern Territory or the Australian Capital Territory
- a flight crew officer, a maritime employee, a waterside employee, employed in connection with interstate or overseas trade or commerce.

The Act has also foreseen a referral mechanism (sec. 30A to 30R) enabling states to join the national system rather than keeping their own specific system.

Since 1 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania have joined the national system.
All private sector employers in the New South Wales, Queensland, South Australian, Tasmanian system are therefore covered by the national system since 1 January 2010.
The Western Australian government has chosen not to join the national system.

Consequently, the following employees are not covered by those provisions of the FWA which only applies to national system employees:
- Employees in state public sector and local government employees in New South Wales, Queensland, South Australia and Tasmania and Western Australia are not covered by the national system and remain under their respective state system.
- Western Australian corporations whose main activity is not trading or financial.
- Western Australian sole traders, partnerships, or other unincorporated entities.

With regards to protection against unfair dismissal, according to s382, a national system employee is protected from unfair dismissal and is therefore eligible to make an application for unfair dismissal if he or she has completed 'the minimum employment period'. In addition to having completed the minimum employment period, s382 provides that one of the following conditions shall be fulfilled:
"(i) a modern award covers the person;
(ii) an enterprise agreement applies to the person in relation to the employment;
(iii) the sum of the person's annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than the high income threshold"[which from 1 July 2009 is $108,300, indexed annually – from 1 July 2018, the indexed threshold amount is $145,400]
.

In addition, there are specific exclusions attached to a number of dismissals requirements. Such exclusions, generally based on the nature of the employment relationship, have been indicated under the relevant item (i.e redundancy pay, notice of termination...).

On "who is covered by the national system", see the website "The Fair Work System":
https://www.fairwork.gov.au/about-us/legislation/the-fair-work-system
2019 Azerbaijan Azerbaijan Europe Y
Y Art. 6 LC
Other categories of workers excluded by the law: elected officials, foreign service workers, contractors and civil law contractors.
Y
Y Art. 6 LC
Other categories of workers excluded by the law: elected officials, foreign service workers, contractors and civil law contractors.
2019 Belgium Belgium Europe Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations. Y
Y Not expressly excluded in the legislation. However, their employment relationship is governed by specific regulations.
2019 Burkina Faso Burkina Faso Africa Y
Y Art 3 LC Y
Y Art 3 LC Y
Y Art 3 LC
2019 Bulgaria Bulgaria Europe Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
Y
Y No details on the scope of application in the LC.
However see : Prof. Vassil Mrachkov, "Termination of employment relationships - The legal situation in Bulgaria", EU Commission, 2006, p. 14. Available at:
ec.europa.eu/social/BlobServlet?docId=4625&langId=en
2019 Brazil Brazil Americas Y
Y Art. 7 CLL: Those persons are excluded from the scope of application of the CLL except where expressly provided to the contrary in the legislation. These categories are governed by specific Acts (Domestic workers: Act No. 5859 of 11 December 1972 and Complementary Act 150 of 1st June 2015; Civil Servants: Act No. 8112 of 11 December 1990; Agricultural workers: Act no. 5889 of 8 June 1973).

Note: Both agricultural workers and domestic workers are entitled to the fundamental labour rights guaranteed by Article 7 of the Federal Constitution.
Y
Y Art. 7 CLL: Those persons are excluded from the scope of application of the CLL except where expressly provided to the contrary in the legislation. These categories are governed by specific Acts (Domestic workers: Act No. 5859 of 11 December 1972 and Complementary Act 150 of 1st June 2015; Civil Servants: Act No. 8112 of 11 December 1990; Agricultural workers: Act no. 5889 of 8 June 1973).

Note: Both agricultural workers and domestic workers are entitled to the fundamental labour rights guaranteed by Article 7 of the Federal Constitution.
Y
Y Art. 7 CLL: Those persons are excluded from the scope of application of the CLL except where expressly provided to the contrary in the legislation. These categories are governed by specific Acts (Domestic workers: Act No. 5859 of 11 December 1972 and Complementary Act 150 of 1st June 2015; Civil Servants: Act No. 8112 of 11 December 1990; Agricultural workers: Act no. 5889 of 8 June 1973).

Note: Both agricultural workers and domestic workers are entitled to the fundamental labour rights guaranteed by Article 7 of the Federal Constitution.
2019 Congo, Democratic Republic Congo, Democratic Republic Africa Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
Y
Y Art. 1 LC.
According to art. 1 LC, the LC applies to seafarers only when specific rules applicable to them are silent, or expressly state so.
2019 Central African Republic Central African Republic Africa Y
Y Art. 2 LC reads as follows:
"Les dispositions de la présente loi ne sont pas applicables :
- aux Magistrats et aux Fonctionnaires ;
- aux Officiers, Sous - Officiers et aux Hommes de troupe ;
- aux personnels de la Garde Républicaine ;
- aux travailleurs indépendants."

Y
Y Art. 2 LC reads as follows:
"Les dispositions de la présente loi ne sont pas applicables :
- aux Magistrats et aux Fonctionnaires ;
- aux Officiers, Sous - Officiers et aux Hommes de troupe ;
- aux personnels de la Garde Républicaine ;
- aux travailleurs indépendants."

Y
Y Art. 2 LC reads as follows:
"Les dispositions de la présente loi ne sont pas applicables :
- aux Magistrats et aux Fonctionnaires ;
- aux Officiers, Sous - Officiers et aux Hommes de troupe ;
- aux personnels de la Garde Républicaine ;
- aux travailleurs indépendants."

2019 Switzerland Switzerland Europe Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
Y
Y The CO applies to every contract (incl. contract of employment) of private law.
A specific law dated 2000 applies to 'employees of the Confederation' (Loi sur le personnel de la Confédération) and contains provisions on termination of employment.
In addition, there are specific regulations applicable to employment relationship in the judiciary, army, police.
2019 Côte d'Ivoire Côte d'Ivoire Africa Y
Y Art. 2 LC
2019 Cameroon Cameroon Africa Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
Y
Y Art. 1(3) LC

Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988): Indication by the Government that domestic workers and workers in the informal economy belong to the categories of workers that are subject to special regulations or a special scheme ; and that these workers are subject to special regulations, and are not considered as workers covered by the Labour Code of 1992.
2019 Algeria Algeria Africa Y
Y Art. 3 LRA.

Y
Y Art. 3 LRA.

Y
Y Art. 3 LRA.

2019 Spain Spain Europe Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
Y
Y - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
- staff in the service of the State, local government and autonomous public entities governed by other legislation;
- workers performing mandatory civil or community service;
- adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
- anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
- family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
- persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
- high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
- domestic workers (Royal Decree 1620/2011);
- convicts (Royal Decree 782/2001);
- professional sportsmen (Royal Decree 1006/1985);
- artists in public shows (Royal Decree 1435/1985)
- persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
- disabled workers (Royal Decree 1368/1985)
- dock workers (Royal Decree law 2/2011).

Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.
2019 Finland Finland Europe Y
Y Sec. 2, chap. 1 ECA: the ECA is not applicable to employment relations subject to public law, ordinary hobbies activities, contracts of work governed by separate provisions.
Seamen's Act (423/1978, as amended).
Y
Y Sec. 2, chap. 1 ECA: the ECA is not applicable to employment relations subject to public law, ordinary hobbies activities, contracts of work governed by separate provisions.
Seamen's Act (423/1978, as amended).
2019 Gabon Gabon Africa Y
Y Art. 1 LC.
2019 United Kingdom United Kingdom Europe Y
Y Protection under the ERA does not extend to:
* individuals whose employment lasts for less than one month (sec 198, ERA);
* police officers (sec. 200, ERA);
* mariners (sec. 199, ERA);
* members of the naval, military and air forces of the Crown (sec. 192, ERA).

Protection against unfair dismissal, requires that one be employed for at least one year (sec. 108, ERA). Everyone, however, is protected against dismissal based on the exercise of statutory and workplace rights, personal reasons, union membership, civic duty, sex and racial discrimination.
Y
Y Protection under the ERA does not extend to:
* individuals whose employment lasts for less than one month (sec 198, ERA);
* police officers (sec. 200, ERA);
* mariners (sec. 199, ERA);
* members of the naval, military and air forces of the Crown (sec. 192, ERA).

Protection against unfair dismissal, requires that one be employed for at least one year (sec. 108, ERA). Everyone, however, is protected against dismissal based on the exercise of statutory and workplace rights, personal reasons, union membership, civic duty, sex and racial discrimination.
Y
Y Protection under the ERA does not extend to:
* individuals whose employment lasts for less than one month (sec 198, ERA);
* police officers (sec. 200, ERA);
* mariners (sec. 199, ERA);
* members of the naval, military and air forces of the Crown (sec. 192, ERA).

Protection against unfair dismissal, requires that one be employed for at least one year (sec. 108, ERA). Everyone, however, is protected against dismissal based on the exercise of statutory and workplace rights, personal reasons, union membership, civic duty, sex and racial discrimination.
2019 Greece Greece The Social Security Law (No. 3863/2010) enacted in July 2010 and further amended has introduced several changes to the rules regarding dismissals. Europe Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Y
Y "The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act 4384/2016););
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
2019 Indonesia Indonesia Asia Y
Y See Art. 150 MA, Chapter XII Termination of Employment: the provisions concerning termination of employment under this act cover termination of employment that happens in a business undertaking which is a legal entity or not, a business undertaking owned by an individual, by a partnership or by a legal entity, either owned by the private sector or by the State, as well as social undertakings and other undertakings which have administrators/officials and employ people by paying them wages or other forms of remuneration.

Civil servants are covered by specific regulations.

Y
Y See Art. 150 MA, Chapter XII Termination of Employment: the provisions concerning termination of employment under this act cover termination of employment that happens in a business undertaking which is a legal entity or not, a business undertaking owned by an individual, by a partnership or by a legal entity, either owned by the private sector or by the State, as well as social undertakings and other undertakings which have administrators/officials and employ people by paying them wages or other forms of remuneration.

Civil servants are covered by specific regulations.

2019 India India Asia Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month) Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month) Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month) Y
Y Section 2(s) of the IDA that defines “workman” expressly excludes military personnel, officers of the police service or employee of a prison and persons employed in managerial capacity. In addition it expressly excludes persons employed in a “supervisory capacity” who draw wages in excess of the amount specified in the Act (presently specified as Rs. 1,600 per month)
2019 Jordan Jordan In addition, Article 23 of the Constitution of Jordan provides that:
"1- Work is the right of all citizens, and the State shall avail it to Jordanians by directing and improving the national economy.
2- The State shall protect labour and enact legislation therefore based on the following principles:
(...) c- Specifying special compensation to workers supporting families and in the cases of dismissal, illness, disability and emergencies arising out of work. (...)"
Arab States Y
Y Art. 3 LL: The Labour Law does not apply to:
"A. Public and municipalities employees.
B. Family members of the employer who work in his/ her business against no wage.
C. Domestic workers, cooks, and so forth.
D. Agricultural workers except those who are subjected to any of the provisions of this law, their categories shall be defined by virtue of a regulation that shall be issued to this effect."
Y
Y Art. 3 LL: The Labour Law does not apply to:
"A. Public and municipalities employees.
B. Family members of the employer who work in his/ her business against no wage.
C. Domestic workers, cooks, and so forth.
D. Agricultural workers except those who are subjected to any of the provisions of this law, their categories shall be defined by virtue of a regulation that shall be issued to this effect."
Y
Y Art. 3 LL: The Labour Law does not apply to:
"A. Public and municipalities employees.
B. Family members of the employer who work in his/ her business against no wage.
C. Domestic workers, cooks, and so forth.
D. Agricultural workers except those who are subjected to any of the provisions of this law, their categories shall be defined by virtue of a regulation that shall be issued to this effect."
Y
Y Art. 3 LL: The Labour Law does not apply to:
"A. Public and municipalities employees.
B. Family members of the employer who work in his/ her business against no wage.
C. Domestic workers, cooks, and so forth.
D. Agricultural workers except those who are subjected to any of the provisions of this law, their categories shall be defined by virtue of a regulation that shall be issued to this effect."
2019 Kyrgyzstan Kyrgyzstan Europe Y
Y Art. 6 LC Y
Y Art. 6 LC
2019 Comoros Comoros Africa Y
Y Article 1 of the Labour Code provides that the Labour Code covers all the relationship between a worker and an employer of the public or private sector. However, this provision adds that persons under permanent employment in the public administration are excluded from the scope of regulation by the Labour Code.
2019 Korea, Republic of Korea, Republic of Asia Y
Y Art. 11(1) LSA: The LSA does not apply to domestic workers and to businesses which only employ relatives living together.
Although, not specified in the Act, it does not apply either to public/civil servants whose employment is regulated by specific rules. See the website of the Republic of Korea Civil Service Commission: http://www.csc.go.kr/eng/csS/css03.asp

Y
Y Art. 11(1) LSA: The LSA does not apply to domestic workers and to businesses which only employ relatives living together.
Although, not specified in the Act, it does not apply either to public/civil servants whose employment is regulated by specific rules. See the website of the Republic of Korea Civil Service Commission: http://www.csc.go.kr/eng/csS/css03.asp

Y
Y Art. 11(1) LSA: The LSA does not apply to domestic workers and to businesses which only employ relatives living together.
Although, not specified in the Act, it does not apply either to public/civil servants whose employment is regulated by specific rules. See the website of the Republic of Korea Civil Service Commission: http://www.csc.go.kr/eng/csS/css03.asp

2019 Kazakhstan Kazakhstan Europe Y
Y Article 8 of the Labour Code
2019 Lesotho Lesotho Africa Y
Y Art. 2 (2) LC: the LC shall not apply to: the Royal Lesotho Defence Force; the Royal Lesotho Mounted Police; or
any other disciplined force (...).
See also Act no 9 of 1997 which amended art.2(2) of the LC and excluded from the scope of the LC "National Security Service and Lesotho Prison Services".
In addition, category or class of public officers, public authority or employee may be excluded if so provided by government order. Public servants have been excluded by the Labour Court (Exemption) Order No. 22 of 1995. (CEACR, 2008)
Art. 61 (1), (2) LC: the part of the LC on termination of employment, dismissal and severance pay is not applicable to apprentices and trainees.
Y
Y Art. 2 (2) LC: the LC shall not apply to: the Royal Lesotho Defence Force; the Royal Lesotho Mounted Police; or
any other disciplined force (...).
See also Act no 9 of 1997 which amended art.2(2) of the LC and excluded from the scope of the LC "National Security Service and Lesotho Prison Services".
In addition, category or class of public officers, public authority or employee may be excluded if so provided by government order. Public servants have been excluded by the Labour Court (Exemption) Order No. 22 of 1995. (CEACR, 2008)
Art. 61 (1), (2) LC: the part of the LC on termination of employment, dismissal and severance pay is not applicable to apprentices and trainees.
Y
Y Art. 2 (2) LC: the LC shall not apply to: the Royal Lesotho Defence Force; the Royal Lesotho Mounted Police; or
any other disciplined force (...).
See also Act no 9 of 1997 which amended art.2(2) of the LC and excluded from the scope of the LC "National Security Service and Lesotho Prison Services".
In addition, category or class of public officers, public authority or employee may be excluded if so provided by government order. Public servants have been excluded by the Labour Court (Exemption) Order No. 22 of 1995. (CEACR, 2008)
Art. 61 (1), (2) LC: the part of the LC on termination of employment, dismissal and severance pay is not applicable to apprentices and trainees.
Y
Y Art. 2 (2) LC: the LC shall not apply to: the Royal Lesotho Defence Force; the Royal Lesotho Mounted Police; or
any other disciplined force (...).
See also Act no 9 of 1997 which amended art.2(2) of the LC and excluded from the scope of the LC "National Security Service and Lesotho Prison Services".
In addition, category or class of public officers, public authority or employee may be excluded if so provided by government order. Public servants have been excluded by the Labour Court (Exemption) Order No. 22 of 1995. (CEACR, 2008)
Art. 61 (1), (2) LC: the part of the LC on termination of employment, dismissal and severance pay is not applicable to apprentices and trainees.
Y
Y Art. 2 (2) LC: the LC shall not apply to: the Royal Lesotho Defence Force; the Royal Lesotho Mounted Police; or
any other disciplined force (...).
See also Act no 9 of 1997 which amended art.2(2) of the LC and excluded from the scope of the LC "National Security Service and Lesotho Prison Services".
In addition, category or class of public officers, public authority or employee may be excluded if so provided by government order. Public servants have been excluded by the Labour Court (Exemption) Order No. 22 of 1995. (CEACR, 2008)
Art. 61 (1), (2) LC: the part of the LC on termination of employment, dismissal and severance pay is not applicable to apprentices and trainees.
Y
Y Art. 2 (2) LC: the LC shall not apply to: the Royal Lesotho Defence Force; the Royal Lesotho Mounted Police; or
any other disciplined force (...).
See also Act no 9 of 1997 which amended art.2(2) of the LC and excluded from the scope of the LC "National Security Service and Lesotho Prison Services".
In addition, category or class of public officers, public authority or employee may be excluded if so provided by government order. Public servants have been excluded by the Labour Court (Exemption) Order No. 22 of 1995. (CEACR, 2008)
Art. 61 (1), (2) LC: the part of the LC on termination of employment, dismissal and severance pay is not applicable to apprentices and trainees.
2019 Luxembourg Luxembourg Europe Y
Y Civil servants are excluded if they benefit from a more favourable legal status (Art. L 121-1 LC; see also the definition of "salariés" (employee) provided by Art. 127-2 LC)). Employment of civil Servants ("fonctionnaires de l'Etat") is governed by the civil servants' statute of 16 April 1979, as subsequently modified (Loi du 16 avril 1979 fixant le statut général des fonctionnaires de l'Etat).
2019 Morocco Morocco Africa Y
Y Art. 3 to Art. 5 LC Y
Y Art. 3 to Art. 5 LC Y
Y Art. 3 to Art. 5 LC Y
Y Art. 3 to Art. 5 LC Y
Y Art. 3 to Art. 5 LC Y
Y Art. 3 to Art. 5 LC Y
Y Art. 3 to Art. 5 LC
2019 Madagascar Madagascar Africa Y
Y Article 1 LC Y
Y Article 1 LC
2019 Malawi Malawi Africa Y
Y Art. 2 (2) EA: except for those employed in a civilian capacity. Y
Y Art. 2 (2) EA: except for those employed in a civilian capacity. Y
Y Art. 2 (2) EA: except for those employed in a civilian capacity.
2019 Namibia Namibia Africa Y
Y Sec. 2 LA: The LA applies to all employers (including the State) and employees, with the exception of the members of the Namibia Defence Force, Police Force, Central Intelligence Service, and Prisons Service.

The Labour Amendment Act 2012 amended Art. 128 LA to include within the definition of ‘employee’ and scope of the Act, an individual, except an independent contractor, whom a private employment agency places with a user enterprise, is an employee of the user enterprise, and the user enterprise is the employer of that employee. Prior to this amendment, private agency employees were not regulated.
Y
Y Sec. 2 LA: The LA applies to all employers (including the State) and employees, with the exception of the members of the Namibia Defence Force, Police Force, Central Intelligence Service, and Prisons Service.

The Labour Amendment Act 2012 amended Art. 128 LA to include within the definition of ‘employee’ and scope of the Act, an individual, except an independent contractor, whom a private employment agency places with a user enterprise, is an employee of the user enterprise, and the user enterprise is the employer of that employee. Prior to this amendment, private agency employees were not regulated.
Y
Y Sec. 2 LA: The LA applies to all employers (including the State) and employees, with the exception of the members of the Namibia Defence Force, Police Force, Central Intelligence Service, and Prisons Service.

The Labour Amendment Act 2012 amended Art. 128 LA to include within the definition of ‘employee’ and scope of the Act, an individual, except an independent contractor, whom a private employment agency places with a user enterprise, is an employee of the user enterprise, and the user enterprise is the employer of that employee. Prior to this amendment, private agency employees were not regulated.
Y
Y Sec. 2 LA: The LA applies to all employers (including the State) and employees, with the exception of the members of the Namibia Defence Force, Police Force, Central Intelligence Service, and Prisons Service.

The Labour Amendment Act 2012 amended Art. 128 LA to include within the definition of ‘employee’ and scope of the Act, an individual, except an independent contractor, whom a private employment agency places with a user enterprise, is an employee of the user enterprise, and the user enterprise is the employer of that employee. Prior to this amendment, private agency employees were not regulated.
2019 Niger Niger Africa Y
Y Art. 2 of the Labour Code (LC): For the purposes of this Code, a worker should be understood as any person, regardless of sex and nationality, who undertakes to place his professional activity, for remuneration, under the direction and authority of another person, whether moral, public or private. In determining the status of worker, neither the legal status of the employer nor that of the employee is taken into account. (...)
Art. 3 LC: For the purposes of this Code, an employer shall be understood as -- and shall constitute an entreprise subject to the LC -- any natural or legal person, whether under public law or private law, employing one or more workers, whatever his activity or status: commercial, industrial or agricultural enterprise or services, liberal profession, charitable institution, non-governmental organization, religious association or brotherhood, as well as any other institutions with or without profit.
2019 Netherlands Netherlands Europe Y
Y
2019 Norway Norway The four previous distinct Discrimination Acts were superseded by the comprehensive Equality and Non-Discrimination Act No. 51 of 16 June 2017. Europe Y
Y - Art. 1-2 WEA: The Act shall apply to undertakings that engage employees unless otherwise explicitly provided by the Act.
(2) The following are exempt from the Act:
a) shipping, hunting and fishing, including processing of the catch on board ship,
b) military aviation, which is covered by the Aviation Act. The
Ministry may issue regulations concerning exceptions from
the Act for civil aviation and state aviation other than military
aviation and concerning special provisions for such aviation.

- Executive Order No. 1567 of 16 December 2005 concerning rules for exemptions from the Working Environment Act [WEA] for certain types of work and employee groups contains various exemptions from Article 1-2:
* various provisions in the WEA (including those on termination of employment) do not apply to employees who are covered by Act No. 3 of 4 March 1983 concerning government officials and civil servants [art. 1 of the 2005 Order].
* Chapter 10 of the Working Environment Act concerning the working time does not apply to foreign services under the Ministry of Foreign Affairs [art. 2 of the 2005 Order].
* the WEA does not apply to field exercises intended as training for the military in order to be effective in a crisis or war situation [art. 3(3) of the 2005 Order].
* the WEAs does not apply to army manoeuvres that are permanently employed [art. 3(4) of the 2005 Order].
Y
Y - Art. 1-2 WEA: The Act shall apply to undertakings that engage employees unless otherwise explicitly provided by the Act.
(2) The following are exempt from the Act:
a) shipping, hunting and fishing, including processing of the catch on board ship,
b) military aviation, which is covered by the Aviation Act. The
Ministry may issue regulations concerning exceptions from
the Act for civil aviation and state aviation other than military
aviation and concerning special provisions for such aviation.

- Executive Order No. 1567 of 16 December 2005 concerning rules for exemptions from the Working Environment Act [WEA] for certain types of work and employee groups contains various exemptions from Article 1-2:
* various provisions in the WEA (including those on termination of employment) do not apply to employees who are covered by Act No. 3 of 4 March 1983 concerning government officials and civil servants [art. 1 of the 2005 Order].
* Chapter 10 of the Working Environment Act concerning the working time does not apply to foreign services under the Ministry of Foreign Affairs [art. 2 of the 2005 Order].
* the WEA does not apply to field exercises intended as training for the military in order to be effective in a crisis or war situation [art. 3(3) of the 2005 Order].
* the WEAs does not apply to army manoeuvres that are permanently employed [art. 3(4) of the 2005 Order].
Y
Y - Art. 1-2 WEA: The Act shall apply to undertakings that engage employees unless otherwise explicitly provided by the Act.
(2) The following are exempt from the Act:
a) shipping, hunting and fishing, including processing of the catch on board ship,
b) military aviation, which is covered by the Aviation Act. The
Ministry may issue regulations concerning exceptions from
the Act for civil aviation and state aviation other than military
aviation and concerning special provisions for such aviation.

- Executive Order No. 1567 of 16 December 2005 concerning rules for exemptions from the Working Environment Act [WEA] for certain types of work and employee groups contains various exemptions from Article 1-2:
* various provisions in the WEA (including those on termination of employment) do not apply to employees who are covered by Act No. 3 of 4 March 1983 concerning government officials and civil servants [art. 1 of the 2005 Order].
* Chapter 10 of the Working Environment Act concerning the working time does not apply to foreign services under the Ministry of Foreign Affairs [art. 2 of the 2005 Order].
* the WEA does not apply to field exercises intended as training for the military in order to be effective in a crisis or war situation [art. 3(3) of the 2005 Order].
* the WEAs does not apply to army manoeuvres that are permanently employed [art. 3(4) of the 2005 Order].
2019 New Zealand New Zealand Asia Y
Y See sec. 6(1) ERA: "Employee -
(a) means any person of any age employed by an employer to do any work for hire or reward under a contract of service; and (b) includes -
(i) a homeworker; or
(ii) a person intending to work; but
(c) excludes a volunteer who
(i) does not expect to be rewarded for work to be performed as a volunteer; and
(ii) receives no reward for work performed as a volunteer; and
(d) excludes, in relation to a film production, any of the following persons:
(i) a person engaged in film production work as an actor, voice-over actor, stand-in, body double, stunt performer, extra, singer, musician, dancer, or entertainer:
(ii) a person engaged in film production work in any other capacity.
(1A) However, subsection (1)(d) does not apply if the person is a party to, or covered by, a written employment agreement that provides that the person is an employee".
Note that the ERA applies in relation to the Public Service (art. 67 of the State Sector Act 1988, No. 20 of 1988 as amended up to Act No. 23 of 2017).


2019 Peru Peru Americas Y
Y Art. 3 of the LPCL states that the scope of this legislation extends to "all enterprises and workers in the private sector".
The LPLC also stipulates that workers in managerial positions and positions of trust are governed by their own set of rules (arts. 43-45, LPCL). However, no further information was found as to the rules applicable to those categories of workers.
2019 Russian Federation Russian Federation Europe Y
Y Article 11 of the Labour Code Y
Y Article 11 of the Labour Code
2019 Rwanda Rwanda In 2018, a new Labour Code was adopted. It replaced the 2009 Labour Code. Africa Y
Y Art. 2(2) LL repealed the exclusion of public service employees from the scope of the LC in Art. 3 of the 2009 LL.
Art. 2 provides that the Law applies to employment relations based on an employment contract between an employee and an employer in the public service, unless otherwise provided by the general statutes for public service.

Art. 2(5) LL provides that self- employed people are included in the scope of this Law in relation to occupational safety and health.

Art 2(6) LL, which repealed the previous provisions in Art. 3 of the 2009 LL provides that employees in the informal sector are included in the scope of the law in relation to occupational safety and health; the right to form trade unions and employers’ associations; the right to salary; the minimum wage in categories of occupations determined by an Order of the Minister in charge of labour; the right to leave; social security; protection against workplace discrimination; protection from forced labour; prohibited forms of work for the child, pregnant or breastfeeding woman.
2019 Singapore Singapore The tripartite partners – the Ministry of Manpower (MOM), the National Trades Union Congress (NTUC) and the Singapore National Employers Federation (SNEF) - have jointly issued a Tripartite Guidelines on Managing Excess Manpower in 2008. It was revised in 2017 as "Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment" (Available at: https://www.mom.gov.sg/~/media/mom/documents/employment-practices/guidelines/tripartite-advisory-on-managing-excess-manpower-and-responsible-retrenchment.pdf?la=en). Asia Y
Y Sec. 2 EA: see definition of "employees":
"employee" means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include:
(a) any seaman;
(b) any domestic worker;
(c) subject to subsection (2), any person employed in a managerial or an executive position; and
(d) any person belonging to any other class of persons whom the Minister may, from time to time by notification in the Gazette, declare not to be employees for the purposes of this Act."
Y
Y Sec. 2 EA: see definition of "employees":
"employee" means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include:
(a) any seaman;
(b) any domestic worker;
(c) subject to subsection (2), any person employed in a managerial or an executive position; and
(d) any person belonging to any other class of persons whom the Minister may, from time to time by notification in the Gazette, declare not to be employees for the purposes of this Act."
Y
Y Sec. 2 EA: see definition of "employees":
"employee" means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include:
(a) any seaman;
(b) any domestic worker;
(c) subject to subsection (2), any person employed in a managerial or an executive position; and
(d) any person belonging to any other class of persons whom the Minister may, from time to time by notification in the Gazette, declare not to be employees for the purposes of this Act."
2019 Senegal Senegal Africa Y
Y Art. L2 LC : "public employees".
Termination of employment in the maritime services is regulated by specific rules: the Merchant Marine Code, 1962.
Y
Y Art. L2 LC : "public employees".
Termination of employment in the maritime services is regulated by specific rules: the Merchant Marine Code, 1962.
2019 Thailand Thailand A new Act amending the Labour Protection Act [Labour Protection Act (No. 7)] was adopted in April 2019. Those changes deal with various issues; for example, art.17/1 - termination of employment without prior notice, art.118 - establishing some new rates of severance pay (the length of service more than 10 years but less than 20 years and the length of service more than 20 years), article 120 – relocation of employer’s establishment, etc. Asia Y
Y The LPA (which is the main piece of legislation on termination of employment) excludes from its scope public servants and State enterprise employees (art. 4 LPA).
Public servants and State employees are covered by the State Enterprise Labour Relations Act of 2000.
Similarly, the Labour Protection Act does not apply to agricultural and home workers (see Ministerial Regulation No. 9 (1998) B.E. 2451 issued under the Labour Protection Act). While, home workers are covered by the Home Workers Protection Act of 2010.
- The LRA does not apply to the central administration, the provincial administration, the local administration (including the Bangkok Metropolitan and Pattaya City Administration), State enterprises (Art. 4, LRA).
Y
Y The LPA (which is the main piece of legislation on termination of employment) excludes from its scope public servants and State enterprise employees (art. 4 LPA).
Public servants and State employees are covered by the State Enterprise Labour Relations Act of 2000.
Similarly, the Labour Protection Act does not apply to agricultural and home workers (see Ministerial Regulation No. 9 (1998) B.E. 2451 issued under the Labour Protection Act). While, home workers are covered by the Home Workers Protection Act of 2010.
- The LRA does not apply to the central administration, the provincial administration, the local administration (including the Bangkok Metropolitan and Pattaya City Administration), State enterprises (Art. 4, LRA).
2019 Tajikistan Tajikistan Europe Y
Y Update as of 2016:
Art. 9(2) LC clarifies the scope of workers and employers the Labour Code applies to. The factual information remains the same – there are no categories excluded from the LC:
“Employees, including employees of organizations located on the territory of the Republic of Tajikistan, owners of property whose participants or shareholders are foreign individuals or legal entities;
- Employers, including organizations located on the territory of the Republic of Tajikistan, the owners of property whose participants or shareholders are foreign natural or legal persons.”
2019 Turkmenistan Turkmenistan Europe Y
Y Group of workers excluded from Art.5 LC are:
1) members of the enterprises’ boards of directors;
2) workers under civil law contracts;
3) other persons, if it is established by the legislation of Turkmenistan.
2019 Tunisia Tunisia Africa Y
Y The LC applies to all enterprises in the private and public sector (art. 1 LC).
Specific provisions for public servants are contained in Law No. 83-112 of 12 December 1983 and Law No. 85-78 of 5 August 1985. People working at sea are covered by the Code of Maritime Labour promulgated in 1967.
Law No. 65-25 du 1er juillet 1965 relative à la situation des employés de maison applies to domestic workers.
__________
Le Code du travail s'applique à toutes les entreprises des secteurs privé et public (art. 1). La loi n° 83-112 du 12 décembre 1983 et la loi n° 85-78 du 5 août 1985 contiennent des dispositions spécifiques pour les fonctionnaires. Les personnes travaillant en mer sont couvertes par le Code du travail maritime promulgué en 1967.
La loi n° 65-25 du 1er juillet 1965 relative à la situation des employés de maison s'applique aux travailleurs domestiques.
Y
Y The LC applies to all enterprises in the private and public sector (art. 1 LC).
Specific provisions for public servants are contained in Law No. 83-112 of 12 December 1983 and Law No. 85-78 of 5 August 1985. People working at sea are covered by the Code of Maritime Labour promulgated in 1967.
Law No. 65-25 du 1er juillet 1965 relative à la situation des employés de maison applies to domestic workers.
__________
Le Code du travail s'applique à toutes les entreprises des secteurs privé et public (art. 1). La loi n° 83-112 du 12 décembre 1983 et la loi n° 85-78 du 5 août 1985 contiennent des dispositions spécifiques pour les fonctionnaires. Les personnes travaillant en mer sont couvertes par le Code du travail maritime promulgué en 1967.
La loi n° 65-25 du 1er juillet 1965 relative à la situation des employés de maison s'applique aux travailleurs domestiques.
Y
Y The LC applies to all enterprises in the private and public sector (art. 1 LC).
Specific provisions for public servants are contained in Law No. 83-112 of 12 December 1983 and Law No. 85-78 of 5 August 1985. People working at sea are covered by the Code of Maritime Labour promulgated in 1967.
Law No. 65-25 du 1er juillet 1965 relative à la situation des employés de maison applies to domestic workers.
__________
Le Code du travail s'applique à toutes les entreprises des secteurs privé et public (art. 1). La loi n° 83-112 du 12 décembre 1983 et la loi n° 85-78 du 5 août 1985 contiennent des dispositions spécifiques pour les fonctionnaires. Les personnes travaillant en mer sont couvertes par le Code du travail maritime promulgué en 1967.
La loi n° 65-25 du 1er juillet 1965 relative à la situation des employés de maison s'applique aux travailleurs domestiques.
2019 Turkey Turkey Europe Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
Y
Y *Art. 4 LA: The provisions of this Act shall not apply to the activities and employment relationships mentioned below:
1. Sea and air transport activities,
2. In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.
3. Any construction work related to agriculture which falls within the scope of family economy,
4. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),
5. Domestic services,
6. Apprentices, without prejudice to the provisions on occupational health and safety,
7. Sportsmen,
8. Those undergoing rehabilitation,
9. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;
1. Loading and unloading operations to and from ships at ports and landing stages,
2. All ground activities related to air transport,
3. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations,
4. Construction work in agricultural establishments,
5. Work performed in parks and gardens open to the public or subsidiary to any establishment,
6. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work.
Most of these groups are covered by the Obligations Act, which does not provide job security.

* In addition, are specifically excluded from the job security provisions (termination justified by a valid reason) the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employers' representatives managing the entire establishment who are also authorized to recruit and terminate employees (art. 18 LA).

*Civil servants and employees with an administrative employment contract are subject to specific rules of administrative law.
2019 Tanzania, United Republic of Tanzania, United Republic of In 2017, the Employment and Labour Relations (General) Regulations, 2017 were enacted to improve the implementation of ELRA. Africa Y
Y - Art. 2 ELRA excludes from the scope of application of the law the Tanzania defence forces, police, prisons service and national service, except from the fundamental rights and protections relating to child labour, forced labour, and discrimination under Arts. 5, 6, & 7 respectively.

- Art. 35 ELRA: the provisions of the sub-part on Unfair Termination of Employment do not apply to workers with less than 6 months' employment with the same employer, whether under one or more contracts.
Y
Y - Art. 2 ELRA excludes from the scope of application of the law the Tanzania defence forces, police, prisons service and national service, except from the fundamental rights and protections relating to child labour, forced labour, and discrimination under Arts. 5, 6, & 7 respectively.

- Art. 35 ELRA: the provisions of the sub-part on Unfair Termination of Employment do not apply to workers with less than 6 months' employment with the same employer, whether under one or more contracts.
Y
Y - Art. 2 ELRA excludes from the scope of application of the law the Tanzania defence forces, police, prisons service and national service, except from the fundamental rights and protections relating to child labour, forced labour, and discrimination under Arts. 5, 6, & 7 respectively.

- Art. 35 ELRA: the provisions of the sub-part on Unfair Termination of Employment do not apply to workers with less than 6 months' employment with the same employer, whether under one or more contracts.
Y
Y - Art. 2 ELRA excludes from the scope of application of the law the Tanzania defence forces, police, prisons service and national service, except from the fundamental rights and protections relating to child labour, forced labour, and discrimination under Arts. 5, 6, & 7 respectively.

- Art. 35 ELRA: the provisions of the sub-part on Unfair Termination of Employment do not apply to workers with less than 6 months' employment with the same employer, whether under one or more contracts.
2019 Uganda Uganda Africa Y
Y Art. 3 EA: The EA applies to all employees under a contract of service.
It does not apply to:
1) Employers and their dependent relatives when those are the only employees in a family undertaking, as long as the total number of dependent relatives does not exceed 5.
2) the Uganda People's Defence Forces, other than their civilian employees.
Y
Y Art. 3 EA: The EA applies to all employees under a contract of service.
It does not apply to:
1) Employers and their dependent relatives when those are the only employees in a family undertaking, as long as the total number of dependent relatives does not exceed 5.
2) the Uganda People's Defence Forces, other than their civilian employees.
2019 Uzbekistan Uzbekistan Europe Y
Y Art. 14 LC.
2019 Venezuela, Bolivarian Republic of Venezuela, Bolivarian Republic of Americas Y
Y Members of the armed forces and state security corps are excluded from the scope of this legislation. The protection of the staff working in those services will be established by regulatory provisions, and cannot be inferior to those provided by the OLL. (art. 5 OLL)
Public servants and public employees at the national, state or municipal levels are not covered by the provisions of the OLL in so far as they are governed by the administrative career regulations. Nevertheless, in any matter not regulated they may enjoy benefits through labour legislation applicable to workers in the private sector. (Art. 6 OLL)
Y
Y Members of the armed forces and state security corps are excluded from the scope of this legislation. The protection of the staff working in those services will be established by regulatory provisions, and cannot be inferior to those provided by the OLL. (art. 5 OLL)
Public servants and public employees at the national, state or municipal levels are not covered by the provisions of the OLL in so far as they are governed by the administrative career regulations. Nevertheless, in any matter not regulated they may enjoy benefits through labour legislation applicable to workers in the private sector. (Art. 6 OLL)
Y
Y Members of the armed forces and state security corps are excluded from the scope of this legislation. The protection of the staff working in those services will be established by regulatory provisions, and cannot be inferior to those provided by the OLL. (art. 5 OLL)
Public servants and public employees at the national, state or municipal levels are not covered by the provisions of the OLL in so far as they are governed by the administrative career regulations. Nevertheless, in any matter not regulated they may enjoy benefits through labour legislation applicable to workers in the private sector. (Art. 6 OLL)
Y
Y Members of the armed forces and state security corps are excluded from the scope of this legislation. The protection of the staff working in those services will be established by regulatory provisions, and cannot be inferior to those provided by the OLL. (art. 5 OLL)
Public servants and public employees at the national, state or municipal levels are not covered by the provisions of the OLL in so far as they are governed by the administrative career regulations. Nevertheless, in any matter not regulated they may enjoy benefits through labour legislation applicable to workers in the private sector. (Art. 6 OLL)
Y
Y Members of the armed forces and state security corps are excluded from the scope of this legislation. The protection of the staff working in those services will be established by regulatory provisions, and cannot be inferior to those provided by the OLL. (art. 5 OLL)
Public servants and public employees at the national, state or municipal levels are not covered by the provisions of the OLL in so far as they are governed by the administrative career regulations. Nevertheless, in any matter not regulated they may enjoy benefits through labour legislation applicable to workers in the private sector. (Art. 6 OLL)
2019 South Africa South Africa Africa Y
Y - An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provisions on severance pay [sec. 41]; leave [Ch. 3]; particulars of employment and remuneration [Ch. 4]; termination of employment [Ch. 5]; prohibition of employment of children and forced labour [Ch. 6]; and monitoring, enforcement and legal proceedings [Ch. 10];). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
Y
Y - An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provisions on severance pay [sec. 41]; leave [Ch. 3]; particulars of employment and remuneration [Ch. 4]; termination of employment [Ch. 5]; prohibition of employment of children and forced labour [Ch. 6]; and monitoring, enforcement and legal proceedings [Ch. 10];). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
Y
Y - An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provisions on severance pay [sec. 41]; leave [Ch. 3]; particulars of employment and remuneration [Ch. 4]; termination of employment [Ch. 5]; prohibition of employment of children and forced labour [Ch. 6]; and monitoring, enforcement and legal proceedings [Ch. 10];). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
2019 Zambia Zambia Africa Y
Y 1)The EA does not apply in relation to:
(i) persons in the Defence Force (other than locally engaged civilian employees);
(ii) members of the Zambia Police Force;
(iii) members of the Zambia Prison Service.
(see sec. 2(1) EA)
Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
Casual workers are included in the definition of “employee” since the 2015 Amendment.
Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
- In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

2) The ILRA does not apply to:
(a) the Zambia Defence Force;
(b) the Zambia Police Force;
(c) the Zambia Prison Service;
(d) the Zambia Security Intelligence Service; and
(e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
- of the Government of the Republic of Zambia;
- of a local authority;
- engaged in domestic service;
- - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

- in management positions.
-in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.
Y
Y 1)The EA does not apply in relation to:
(i) persons in the Defence Force (other than locally engaged civilian employees);
(ii) members of the Zambia Police Force;
(iii) members of the Zambia Prison Service.
(see sec. 2(1) EA)
Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
Casual workers are included in the definition of “employee” since the 2015 Amendment.
Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
- In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

2) The ILRA does not apply to:
(a) the Zambia Defence Force;
(b) the Zambia Police Force;
(c) the Zambia Prison Service;
(d) the Zambia Security Intelligence Service; and
(e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
- of the Government of the Republic of Zambia;
- of a local authority;
- engaged in domestic service;
- - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

- in management positions.
-in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.
Y
Y 1)The EA does not apply in relation to:
(i) persons in the Defence Force (other than locally engaged civilian employees);
(ii) members of the Zambia Police Force;
(iii) members of the Zambia Prison Service.
(see sec. 2(1) EA)
Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
Casual workers are included in the definition of “employee” since the 2015 Amendment.
Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
- In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

2) The ILRA does not apply to:
(a) the Zambia Defence Force;
(b) the Zambia Police Force;
(c) the Zambia Prison Service;
(d) the Zambia Security Intelligence Service; and
(e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
- of the Government of the Republic of Zambia;
- of a local authority;
- engaged in domestic service;
- - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

- in management positions.
-in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.
Y
Y 1)The EA does not apply in relation to:
(i) persons in the Defence Force (other than locally engaged civilian employees);
(ii) members of the Zambia Police Force;
(iii) members of the Zambia Prison Service.
(see sec. 2(1) EA)
Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
Casual workers are included in the definition of “employee” since the 2015 Amendment.
Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
- In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

2) The ILRA does not apply to:
(a) the Zambia Defence Force;
(b) the Zambia Police Force;
(c) the Zambia Prison Service;
(d) the Zambia Security Intelligence Service; and
(e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
- of the Government of the Republic of Zambia;
- of a local authority;
- engaged in domestic service;
- - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

- in management positions.
-in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.
Y
Y 1)The EA does not apply in relation to:
(i) persons in the Defence Force (other than locally engaged civilian employees);
(ii) members of the Zambia Police Force;
(iii) members of the Zambia Prison Service.
(see sec. 2(1) EA)
Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
Casual workers are included in the definition of “employee” since the 2015 Amendment.
Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
- In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

2) The ILRA does not apply to:
(a) the Zambia Defence Force;
(b) the Zambia Police Force;
(c) the Zambia Prison Service;
(d) the Zambia Security Intelligence Service; and
(e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
- of the Government of the Republic of Zambia;
- of a local authority;
- engaged in domestic service;
- - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

- in management positions.
-in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.
2018 Antigua and Barbuda Antigua and Barbuda Americas Y
Y See sec. A5 LC "Interpretation": the term employee does not include established employees of the Government.
Se