Art. 167 (1) provides that rules for collective dismissal are applied for enterprises with more than 20 employees or that intend to dismiss at least 20 employees, which means that these provisions do not apply to dismissals involving or enterprises with less than 20 employees and wish to perform a collective dismissal.

(1) If the employer intends to carry out a collective dismissal for at least 20 employees within a period of 90 days, it is mandatory to start consultations, request and consider the opinion and proposals of the trade union, ie employees or employee representatives in case the trade union is not organized by the employer. decisions on termination of the need for work of employees in order to reach an agreement, in order to eliminate or reduce the need for termination of work of employees.

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).

The Works Constitution Act (which lays down the general protection on dismissal) applies to all work contracts (private sector) but the provisions regulating the special protection regarding individual dismissal only apply to undertakings with at least 5 employees – and there are specificities as to how those 5 employees are counted.
The definition of collective dismissals excludes enterprises with less than 20 workers: sec. 45a Labour Market Promotion Act.

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.

Art. 4 LC

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.

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.

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.

At the end of 2019, aiming to boost job creation among young population, Brazilian Government enacted a Provisional Measure called "Green and Yellow Employment Contract", that, among other provisions, provided different rules for new employment contracts valid only for worker between 18 and 29 years and who have never had formal employment. The contract may last, under these new rules, for a maximum period of two years. Concerning termination of employment contract, it has presented an option to reduce the amount of compensation to be paid in case of unfair dismissals, if agreed between parties when the beginning of the employment contract, and has decreased the contributions to the Guarantee Fund for the Length of Service.

It is important to recall that the employment relationship of workers in Canada 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 is therefore only relevant to federally regulated businesses and industries and their workers which is approximately only 6 per cent of the total labour force.

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.

Art. 14 Labour Code (c): The Labour Code does not apply to agricultural or livestock farms that permanently occupy no more than five workers. However, the Executive Power may determine through decrees which rules of this Code will be applied to them. For this purpose, it will begin with those that do not imply economic assessment for employers.
However, it was considered unenforceable by resolution of the Supreme Court of Justice of July 22, 1954
Moreover, Public officials subject to a public employment relationship are governed by the civil service rules established in the General Law of Public Administration and the Civil Service Statute. In the absence of express regulations that regulate certain aspects, the provisions established in the CT are applicable in a supplementary manner to them.

Article 10 of Labour Code - For the purposes of this Code, the organs, agencies, national entities, superior management organizations, companies, budgeted units, dependencies of the political and mass organizations are considered entities. Likewise, cooperatives and associative forms authorized by law are considered entities with respect to their workers submitted to salaries.

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.

Exclusion only applicable to collective dismissals: see definition of collective dismissal in Sec. 62 (1) LC.
However, the rules on individual dismissals apply to all enterprises.

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).

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.

There is no general exclusion based on the size of the enterprise. However, the LC provides for certain exemptions 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).
The social and economic committee, introduced by Order No. 2017-1718 of 22 September 2017, replaces the workers’ representatives ("délégués du personnel") previously elected in companies employing at least 11 workers and the works council, previously established in companies employing at least 50 workers. See art. L2312-1 LC.

Article 1 of the Labour Code (LC).

Note: The LC provides an exception from the general restrictions on using FTCs for a maximum cumulative duration of 30 months for start-up companies, until a 48 months period has expired from the state registration (see below).

The Social Security Law (No. 3863/2010) enacted in July 2010 and further amended has introduced several changes to the rules regarding dismissals.

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.

Arts. 1, 2 and 14 Labour Code: The Labour Code regulates the rights and obligations of employers and workers, on the occasion of work, and creates institutions to resolve their conflicts. The Code and its regulations are of public order and its provisions must be subject to all companies regardless of their nature, if they are existing or that in the future are established in Guatemala. The imposition previously described also applies to all the inhabitants of the country, without distinction of sex or nationality, except for legal persons under Public Law and the exceptions that correspond according to the principles of International Law and treaties.

No enterprises excluded. However, the rules on severance pay differ in micro-enterprises which with a maximum of 10 employees (see art. 120A LC).

•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.

The Workers’ Statute excludes employers with less than 15 employees (or less than 5 in the agricultural sector) from specific aspects related to union rights (see: Article 35 of Law N. 300 of 1970).
In addition, Law No. 223 of 1991 on collective dismissal is only applicable to companies employing more than 15 employees (Article 24 of Law No. 223 of 1991).

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. (...)"

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.

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".

Article 8 of the Labour Code

- 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).

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.

Exclusion only applicable to collective dismissal: see definition of collective dismissal in Art. 66 LC.
The rules on individual dismissals apply to all enterprises.

The four previous distinct Discrimination Acts were superseded by the comprehensive Equality and Non-Discrimination Act No. 51 of 16 June 2017.

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.

Art. 293 LC : The provisions of this Title (termination of employment) shall apply to all establishments or undertakings, whether for profit or not.
Sec. 2 of Department Order No. 147-15, Series of 2015 : This Rules shall apply to all parties of work arrangements where employer-employee relationship exists. It shall also apply to all parties of legitimate contracting/subcontracting arrangements with existing employer-employee relationships.

See Act of March 13 March 2003.

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)

For the purposes of the Labour Code, according to article 24, employer is any natural or legal person who uses the services of one or more workers, by virtue of an employment contract. Therefore, there is no mention to excluded enterprises.

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).

In 2018, a new Labour Code was adopted. It replaced the 2009 Labour Code.

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).

Article 5 ERA provides the definition of the employment contracts under this law and includes small enterprises with less than 10 employees. Article 5 (definition of worker and employer) reads as follow:
(1) A worker or worker (hereinafter ' a worker ') under this law is any natural person who is in employment under a contract.
(2) The employer or employer (hereinafter "the Employer") under this law is a legal and natural person, and another entity such as a national authority, a local community, a foreign business branch, and a diplomatic and consular post which employs Worker under a contract of employment.
(3) A small employer under this law is an employer employing ten or fewer workers.

On July 13, 2011, the Labour Code, and in particular the provisions on termination of employment were significantly amended by Act No. 257/2011. The amendments entered into force on September 1, 2011 (with the exception of certain provisions which entered into force on 1st January 2012).
The Labour Code was further amended in December 2011 by Act 512/2011, effective as of 1st January 2012 but there were no changes on EPL.

New in Sept. 2011:
As a result of the introduction of a new definition of collective dismissals into the LC, enterprises with less than 20 employees are now expressly exempt from the procedural requirements applicable to collective dismissals (see sec. 73, as amended LC).
Under the previous LC, there was no reference in the definition of collective dismissal to a minimum number of employee employed.
Please not that this exclusion only covers collective dismissals and the rules on individual dismissals and contracts of employment apply to all enterprises.

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.

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."

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.

In 2017, the Employment and Labour Relations (General) Regulations, 2017 were enacted to improve the implementation of ELRA.

Law on Employment, adopted in 2013, compared to the Labour Code of 1972, contains only a new definition of mass redundancy

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]

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.

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.

Sec. 2 LC

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).

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.

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.

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.

Changes brought by the new Labour Code (in force since May, 1st 2013, will be reflected in the EPLex profile for 2013.

Art. 2 LC

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."

*Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.

*Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.

*Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.

*Art. 1 LA: army, police, security and intelligence agencies, prison personnel are excluded from the scope of application of the Labour Act.

*Art. 66 LA: the provisions on termination of employment do not apply to workers engaged for specified period or specified work; workers on a probationary period; workers engaged on casual basis.

Article 2 of New Labour Act.

The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).

The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).

The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).

The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).

The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).

The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).

The LA only applies to a 'worker' which is defined as any person who has entered into a contract (of service) with an employer, whether the contract is for manual or clerical work, or is express or implied, or oral or written (sec. 91(1) LA). The LA definition also excludes:
* any person not employed for the purposes of the employer's business;
* persons exercising administrative, executive, technical or professional functions;
* members of the employer's family (also excluded by sec. 21 of the LA);
* representatives, agents and commercial travellers, to the extent their work is carried out outside the employer's permanent workplace;
* any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
* any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.
In addition, members of the armed forces and police are excluded from the LA (sec. 89(2)).

Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;

Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;

Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;

Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;

Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;

Art. 2 GLA
Are excluded from the scope of application of this law:
- -a)diplomats or employees in the consular services of other countries or employees of international organizations whose activities fall under the scope of Vienna Convention;
b) Members of cooperatives or NGOs subject to specific statutes or provisions of commercial law
c) Family work
d) Casual work
e) The consultants and members of the board or management of enterprises or social organizations, since only undertake tasks inherent in such positions without bond of subordination titrated by contract work.
f) Public servants or workers exercising their professional activity in the central public administration or in a local public institution or in any other government agency;

Art. 2 LCL (scope of application of the Law) provides that the provisions of the LCL do not apply to:
- persons employed by the national, provincial or municipal civil service (except where they are expressly included within its scope or within that of collective labour agreements),
- domestic workers " [New in 2013] " notwithstanding that the provisions of this act will be of application in all which is compatible and does not contradict the nature and modalities typical of the Domestic Work's normative framework" or when it is expressly provided (inserted by art. 72 of by Act 26.884 of 13 March 2013 on domestic workers.)
- agricultural workers " [New in 2012] " notwithstanding that the provisions of this act will be of complementary application in all which is compatible and does not contradict the nature and modalities typical of the Agricultural Work's normative framework" (inserted by art. 104 of by Act 26.727 of 28 December 2011 on agricultural workers.)

Art. 2 LCL (scope of application of the Law) provides that the provisions of the LCL do not apply to:
- persons employed by the national, provincial or municipal civil service (except where they are expressly included within its scope or within that of collective labour agreements),
- domestic workers " [New in 2013] " notwithstanding that the provisions of this act will be of application in all which is compatible and does not contradict the nature and modalities typical of the Domestic Work's normative framework" or when it is expressly provided (inserted by art. 72 of by Act 26.884 of 13 March 2013 on domestic workers.)
- agricultural workers " [New in 2012] " notwithstanding that the provisions of this act will be of complementary application in all which is compatible and does not contradict the nature and modalities typical of the Agricultural Work's normative framework" (inserted by art. 104 of by Act 26.727 of 28 December 2011 on agricultural workers.)

Art. 2 LCL (scope of application of the Law) provides that the provisions of the LCL do not apply to:
- persons employed by the national, provincial or municipal civil service (except where they are expressly included within its scope or within that of collective labour agreements),
- domestic workers " [New in 2013] " notwithstanding that the provisions of this act will be of application in all which is compatible and does not contradict the nature and modalities typical of the Domestic Work's normative framework" or when it is expressly provided (inserted by art. 72 of by Act 26.884 of 13 March 2013 on domestic workers.)
- agricultural workers " [New in 2012] " notwithstanding that the provisions of this act will be of complementary application in all which is compatible and does not contradict the nature and modalities typical of the Agricultural Work's normative framework" (inserted by art. 104 of by Act 26.727 of 28 December 2011 on agricultural workers.)

The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)

The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)

The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)

The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)

The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)

The CC, WCA and WC Employees Act are the main acts considered for this review.
On categories excluded, see: sec. 33 WCA.
Sec. 36 (2) WCA : managers and directors.
There are specific acts regulating employment conditions of specific categories of workers such as journalists, actors (Journalist Act, Theatrical Artists Act)

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

Art. 6 LC
Other categories of workers excluded by the law: elected officials, foreign service workers, contractors and civil law contractors.

Art. 6 LC
Other categories of workers excluded by the law: elected officials, foreign service workers, contractors and civil law contractors.

- Section 1 (4) Labour Act (2006): The Act does not apply to:
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes, hospital, clinic and diagnostic centre not maintained for profit or gains;
[see 2018 Amendment]
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
- (i) Railway Department
- (ii) Posts, Telegraph and Telephone Departments,
- (iii) Roads and highways Department,
- (iv) Public works Department,
- (v) Public Health Engineering Department,
- (vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than five workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour"

- See also Section 2 (Lxv) Labour Act: 'worker' means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.