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 Ghana Ghana Africa Y
Y N N N N N N N N N N N N N N
2020 Montenegro Montenegro Europe N N N N N N N N Y
Y 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.
N N N N N N
2020 Nigeria Nigeria Africa Y
Y N N N N N N N N N N N N N N
2019 Afghanistan Afghanistan Asia Y
Y N N N N N N N N N N N N N N
2019 Angola Angola Africa Y
Y N N N N N N N N N N N N N N
2019 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
2019 Austria Austria Europe N N Y
Y 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.
N N N N N N 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 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
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 Bolivia Bolivia Americas Y
Y N N N N N N N N N N N N N N
2019 Brazil Brazil 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. Americas Y
Y N N N N N N N N N N N N N N
2019 Canada (Federal only) Canada (Federal only) 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.


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 Chile Chile Americas 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 Colombia Colombia Americas Y
Y N N N N N N N N N N N N N N
2019 Costa Rica Costa Rica 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.
Americas Y
Y N N N N N N N N N N N N N N
2019 Cuba Cuba Americas Y
Y 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. N N N N N N N N N N N N N N
2019 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
2019 Czechia Czechia Europe N N N N N N N N Y
Y 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.
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 Ecuador Ecuador Americas 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 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 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.
N N N N 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 Georgia Georgia Europe Y
Y 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).
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 Guatemala Guatemala 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.

Americas Y
Y N N N N N N N N N N N N N N
2019 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
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 Italy Italy Europe N N N N N N Y
Y 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).
N N N N N N N N
2019 Jamaica Jamaica Americas 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 Japan Japan Asia 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 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
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 Mexico Mexico Americas Y
Y N N N N N N N N N N N N N N
2019 Mozambique Mozambique 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 Nicaragua Nicaragua Americas 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 Panama Panama Americas 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 Philippines Philippines Asia Y
Y 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.
N N N N N N N N N N N N N N
2019 Poland Poland Europe N N N N N N N N Y
Y See Act of March 13 March 2003. N N N N N N
2019 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
2019 Paraguay Paraguay Americas Y
Y 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. N N N N N N N N N N N N N N
2019 Romania Romania Europe Y
Y 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 Slovenia Slovenia Europe Y
Y 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.
N N N N N N N N N N N N N N
2019 Slovakia Slovakia 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.
Europe N N N N N N N N Y
Y 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.
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 El Salvador El Salvador Americas 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 Türkiye Türkiye 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 Ukraine Ukraine Law on Employment, adopted in 2013, compared to the Labour Code of 1972, 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
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 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
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 Botswana Botswana Africa Y
Y N N N N N N N N N N N N N N
2018 Cambodia Cambodia Asia Y
Y Sec. 2 LC 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 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 Saint Lucia Saint Lucia Americas Y
Y 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 North Macedonia North Macedonia 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 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 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.
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 Ethiopia Ethiopia Africa Y
Y 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 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
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

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/artistic sector workers actors/artistic sector workers 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 flight crew flight crew Remark police police Remark managerial / executive positions managerial / executive positions Remark athletes athletes Remark auxiliary administrative employees auxiliary administrative employees Remark teachers teachers Remark army army Remark prison staff prison staff Remark dockworkers dockworkers Remark administrative body administrative body Remark UN employees UN employees Remark
2020 Ghana Ghana Africa Y
Y *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.
Y
Y *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.
Y
Y *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.
Y
Y *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.
2020 Montenegro Montenegro Europe Y
Y Article 2 of New Labour Act.
2020 Nigeria Nigeria Africa Y
Y 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)).
Y
Y 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)).
Y
Y 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)).
Y
Y 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)).
Y
Y 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)).
Y
Y 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)).
Y
Y 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)).
2019 Afghanistan Afghanistan Asia Y
Y
2019 Angola Angola Africa Y
Y 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;
Y
Y 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;
Y
Y 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;
Y
Y 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;
Y
Y 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;
Y
Y 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;
2019 Argentina Argentina Americas Y
Y 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.)
Y
Y 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.)
Y
Y 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.)
2019 Austria Austria Europe Y
Y 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)
Y
Y 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)
Y
Y 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)
Y
Y 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)
Y
Y 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)
Y
Y 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)
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 Bangladesh Bangladesh Asia Y
Y - 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.
Y
Y - 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.
Y
Y - 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.
Y
Y - 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.
Y
Y - 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.
Y
Y - 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.
Y
Y - 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.
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 Bolivia Bolivia Americas Y
Y Art. 1 of the Labour Code
2019 Brazil Brazil 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. 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 Canada (Federal only) Canada (Federal only) 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.


Americas Y
Y Non-federally regulated workers are excluded from the scope of application of the Labour Code.
The Canada Labour Code (CLC) only applies to employees who are employed on or in connection with the operation of any federal work, undertaking or business. These include (sec. 2 CLC):
(a) a work, undertaking or business operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada,
(b) a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,
(c) a line of ships connecting a province with any other province, or extending beyond the limits of a province,
(d) a ferry between any province and any other province or between any province and any country other than Canada,
(e) aerodromes, aircraft or a line of air transportation,
(f) a radio broadcasting station,
(g) a bank or an authorized foreign bank
(h) a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces
(j) a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act; (entreprises fédérales).

In addition, Part III, Division XIV of the CLC, which regulates "Unjust dismissal complaints", does not apply to employees who are managers (sec. 167 CLC)


Y
Y Non-federally regulated workers are excluded from the scope of application of the Labour Code.
The Canada Labour Code (CLC) only applies to employees who are employed on or in connection with the operation of any federal work, undertaking or business. These include (sec. 2 CLC):
(a) a work, undertaking or business operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada,
(b) a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,
(c) a line of ships connecting a province with any other province, or extending beyond the limits of a province,
(d) a ferry between any province and any other province or between any province and any country other than Canada,
(e) aerodromes, aircraft or a line of air transportation,
(f) a radio broadcasting station,
(g) a bank or an authorized foreign bank
(h) a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces
(j) a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act; (entreprises fédérales).

In addition, Part III, Division XIV of the CLC, which regulates "Unjust dismissal complaints", does not apply to employees who are managers (sec. 167 CLC)


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 Chile Chile Americas Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

Y
Y Art. 1 LC: the LC does not apply to civil servants employed in centralized or decentralized state administration, the National Congress and Judiciary, or to workers in state undertakings or institutions or workers employed in bodies to which they contribute, participate or are represented, provided that such workers are governed by a special law, i.e. the Administrative Statute, Act No. 18834.
Thus, the provisions of the LC apply to those aspects not regulated by these special statutes, such as the area of maternity protection.
- Domestic workers and managers are not excluded as such, they are subject to specific rules with regards to termination of employment: their employment can be terminated without cause by way of desahucio (see valid grounds).
- Independent workers are also excluded (art. 8), except where the LC expressly refers to them.
- Services rendered by persons who work either directly with the public, or intermittently or sporadically at home, are not considered as involving employment contracts, and therefore fall outside the LC (art. 8). Graduates of institutions of higher education or professional technical training programmes, for a specified period, are also excluded while they are fulfilling work-experience requirements.
- Home work, which is regarded as a dependent or independent relationship determined by the parties themselves, is governed by special legislation.
- Contracts for apprentices, agricultural workers, stevedores, seafarers and casual port workers, and workers in private homes (domestic workers) are covered as special contracts under Title II of the LC. However, the general provisions on dismissal apply to them.

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 Colombia Colombia Americas Y
Y Article 4 of Labour Code provides that the relations of individual Labor law between the Public Administration and the workers of railways, companies, public works and other servants of the State, are not governed by this Code, but by the special statutes that are subsequently issued.

2019 Costa Rica Costa Rica 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.
Americas Y
Y
2019 Cuba Cuba Americas Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

Y
Y Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.

However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.

Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.

2019 Cyprus Cyprus Europe Y
Y Employment of the public servants, police and armed force personnel is regulated by the Public Service Law (No. 1/90) and Municipal Corporations Law (No. 111/85).
Y
Y Employment of the public servants, police and armed force personnel is regulated by the Public Service Law (No. 1/90) and Municipal Corporations Law (No. 111/85).
Y
Y Employment of the public servants, police and armed force personnel is regulated by the Public Service Law (No. 1/90) and Municipal Corporations Law (No. 111/85).
2019 Czechia Czechia Europe Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
Y
Y Sec. 5 LC provides that "(1) The Labour Code shall apply to relations arising from the performance of a public office where it is expressly provided by this Code or other statutory provisions."

Although the Labour Code does not enumerate these relations, it is possible to distinguish the following categories of relations that are regulated by separate legal acts (LC has a subsidiary application):
– industrial relations concerning articled judges, public prosecutors, articled attorneys;
– industrial relations of officials of territorial self-governing units, academic employees at universities, pedagogic employees, directors of public research institutions, boat captains of navy crews and members of navy crews, employees in the probation and mediation service, attorneys exerting advocacy in an employment relationship, judges’ assistants, assistants of prosecutors, the ombudsman and the deputy ombudsman, financial arbitrator, deputy of financial arbitrator, notarial candidates, executor candidates, executor clerks and articled attorneys.
Source: Jan Pichrt, Martin Štefko, The International Encyclopaedia for Labour Law and Industrial Relations, Part I. Individual Employment Relationship' (2018)
2019 Algeria Algeria Africa Y
Y Art. 3 LRA.

Y
Y Art. 3 LRA.

Y
Y Art. 3 LRA.

2019 Ecuador Ecuador Americas Y
Y Article 10 of Labour Code: Concept of employer.- The person or entity, of any kind whatsoever, for the account or order of which the work is carried out or to whom the service is provided, is called an entrepreneur or employer.
The State, provincial councils, municipalities, and other legal entities governed by public law have the status of employers with respect to workers in national or local public works. Such works are understood not only to be constructions, but also to maintain them and, in general, to carry out all material work related to the provision of public service, even if the workers have had their appointment and any other the form or period of payment. They have the same quality of employers with respect to the workers of the industries that are in their charge and that can be exploited by individuals.
They also have the quality of employers: the State Railroad Company and the fire departments regarding their workers.
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 France France Europe Y
Y The employment relationship of those categories is governed by public law regulations. Y
Y The employment relationship of those categories is governed by public law regulations. Y
Y The employment relationship of those categories is governed by public law regulations. Y
Y The employment relationship of those categories is governed by public law regulations.
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 Georgia Georgia Europe Y
Y Article 1 of the LC "Scope of Application"
1. This Labor Code regulates labour and subsequent relations on the territory of Georgia that are not otherwise regulated by an international agreement of Georgia or a special law.
2. The issues related to labor relations, that are not regulated by this Code or other special law, shall be regulated by the norms of the Civil Code.
3. The labor agreement can not be defined by the norms differentiated by this Law which worsen the condition of the employee.
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 Guatemala Guatemala 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.

Americas Y
Y Art. 191 Labour Code: The relations between the State, municipalities and other entities held with public funds, and their workers, shall be governed exclusively by the Statute of State Workers; therefore, these relationships are not subject to the provisions of the Labour Code.
2019 Honduras Honduras Americas Y
Y Art. 2 LC: The LC does not apply to:
- Agricultural and livestock holdings employing more than 10 permanent workers (except for the provisions of the LC on wages)
- National, departmental or municipal public employees who are governed by civil service laws and regulations.

In addition, there are specific rules applicable to appendices and domestic workers. In particular, the dismissal of domestic workers is governed by specific rules (ie. see art. 158 LC on the notice period, art. 160 LC on valid grounds for dismissal and compensation for unfair dismissal).
Y
Y Art. 2 LC: The LC does not apply to:
- Agricultural and livestock holdings employing more than 10 permanent workers (except for the provisions of the LC on wages)
- National, departmental or municipal public employees who are governed by civil service laws and regulations.

In addition, there are specific rules applicable to appendices and domestic workers. In particular, the dismissal of domestic workers is governed by specific rules (ie. see art. 158 LC on the notice period, art. 160 LC on valid grounds for dismissal and compensation for unfair dismissal).
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 Labor and employment regulation in India are governed at both the federal and state levels. The main federal statutes that regulate the termination of employment include the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947, as amended. 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 Italy Italy Europe Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
Y
Y - Domestic workers are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement that provides for certain protective rules.
- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. judges, university teachers, top civil servants) as well as members of the armed forces and police, there are specific rules.
- Executives (dirigenti) are the top managerial employees: their employment relationship is generally governed by the same rules of ordinary employees but major exceptions apply: e.g. they are excluded from working time and most part of individual dismissal regulation (although, with regard to individual dismissal, remedies for executives in case of unfair dismissal are generally provided by collective bargaining agreements).
2019 Jamaica Jamaica Americas Y
Y Concerning Termination and Redundancy Act, Section 2 provides that it will be considered employer ("business"): (a) a trade or profession; and (b) any activity carried on by a body of persons, whether corporate or incorporate. As well, the same article provides that "employee" means an individual who has entered into or works (or, in the case of a contract which has been terminated, worked) under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be express or implied, oral or in writing, but does not include:
(a) any person employed by the Government; or
(b) any person employed in the service of the Council of the Kingston and St. Andrew Corporation or in the service of any Parish Council, and "employer" and any reference to employment shall be construed accordingly.
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 Japan Japan Asia Y
Y Section 623 of CC under Chapter 8 on “Employment” defines the concept of “employment” and regulates contracts of employment.
Note however, LSA, when it was adopted after the WWII, introduced the concept of “labour contracts” bearing in mind the power imbalance between employers and workers and the need for protecting workers. Therefore the term “worker” is used under LSA instead of the term “employee” under CC.
Section 9 of LSA: In this Act, worker means one who is employed by a business or an establishment (hereinafter referred to as "business") and receives wages therefrom, regardless of the type of occupation. Section 10: In this Act, employer means the business operator or manager of the business or any other person who acts on behalf of the business operator of the business in matters concerning workers in the business.
Section 116(1):  With the exception of the provisions of sections 1 through 11, paragraph (2) below, sections 117 through 119, and section 121, LSA shall not apply to mariners stipulated in paragraph (1) of section 1 of the Mariners Law (Act No. 100 of 1947) and businesses which employ only relatives who live together and of domestic workers. The LSA excludes national public servants in a general category from its scope of application of the Act and local public servants in a general category from its scope of application of certain provisions in the Act, in line with their exclusions from the Trade Union Law and the Labour Relations Adjustment Law. The LSA applies to other categories of public employees who are covered by the collective bargaining principles.
For more details, see ILO Sectoral Activities Working Paper: https://www.ilo.org/public/libdoc/ilo/2004/104B09_258_engl.pdf, pages 6-9.

The LCA also adopts the same concept of “labour contracts” and defines the concept of workers but with slightly different wordings.
●Section 2(1) of LCA: The term “worker” as used in this Act means a person who works employed by an employer paid wages. Section 2(2) The term “employer” as used in this Act means a person who pays wages to the workers he/she employs.
●Sec 22 of LCA: provides that the Act does not apply to national or local public servants (sec.22(1)), and a labor contract if an employer only employs a family member (s) who lives with the employer (sec. 22(2).
●Sec 21 of LCA: Seafarers are governed by specific legislation (Mariners Act, No. 100 of 1947).
●Note: Domestic workers fall under its scope. On the other hand, the LSA excludes both employers’ family members and domestic workers from its scope of application.
The exclusion of domestic workers only concerns the LSA, but the LCA does not exclude domestic workers from its scope of application.

Note: The LSA is applicable to public servants excluding national and local servants in a general category. These exclusions correspond to the exclusion of those civil servants from the Trade Union Law and the Labour Relations Adjustment Law (i.e. exclusion from the collective bargaining principle).
Y
Y Section 623 of CC under Chapter 8 on “Employment” defines the concept of “employment” and regulates contracts of employment.
Note however, LSA, when it was adopted after the WWII, introduced the concept of “labour contracts” bearing in mind the power imbalance between employers and workers and the need for protecting workers. Therefore the term “worker” is used under LSA instead of the term “employee” under CC.
Section 9 of LSA: In this Act, worker means one who is employed by a business or an establishment (hereinafter referred to as "business") and receives wages therefrom, regardless of the type of occupation. Section 10: In this Act, employer means the business operator or manager of the business or any other person who acts on behalf of the business operator of the business in matters concerning workers in the business.
Section 116(1):  With the exception of the provisions of sections 1 through 11, paragraph (2) below, sections 117 through 119, and section 121, LSA shall not apply to mariners stipulated in paragraph (1) of section 1 of the Mariners Law (Act No. 100 of 1947) and businesses which employ only relatives who live together and of domestic workers. The LSA excludes national public servants in a general category from its scope of application of the Act and local public servants in a general category from its scope of application of certain provisions in the Act, in line with their exclusions from the Trade Union Law and the Labour Relations Adjustment Law. The LSA applies to other categories of public employees who are covered by the collective bargaining principles.
For more details, see ILO Sectoral Activities Working Paper: https://www.ilo.org/public/libdoc/ilo/2004/104B09_258_engl.pdf, pages 6-9.

The LCA also adopts the same concept of “labour contracts” and defines the concept of workers but with slightly different wordings.
●Section 2(1) of LCA: The term “worker” as used in this Act means a person who works employed by an employer paid wages. Section 2(2) The term “employer” as used in this Act means a person who pays wages to the workers he/she employs.
●Sec 22 of LCA: provides that the Act does not apply to national or local public servants (sec.22(1)), and a labor contract if an employer only employs a family member (s) who lives with the employer (sec. 22(2).
●Sec 21 of LCA: Seafarers are governed by specific legislation (Mariners Act, No. 100 of 1947).
●Note: Domestic workers fall under its scope. On the other hand, the LSA excludes both employers’ family members and domestic workers from its scope of application.
The exclusion of domestic workers only concerns the LSA, but the LCA does not exclude domestic workers from its scope of application.

Note: The LSA is applicable to public servants excluding national and local servants in a general category. These exclusions correspond to the exclusion of those civil servants from the Trade Union Law and the Labour Relations Adjustment Law (i.e. exclusion from the collective bargaining principle).
Y
Y Section 623 of CC under Chapter 8 on “Employment” defines the concept of “employment” and regulates contracts of employment.
Note however, LSA, when it was adopted after the WWII, introduced the concept of “labour contracts” bearing in mind the power imbalance between employers and workers and the need for protecting workers. Therefore the term “worker” is used under LSA instead of the term “employee” under CC.
Section 9 of LSA: In this Act, worker means one who is employed by a business or an establishment (hereinafter referred to as "business") and receives wages therefrom, regardless of the type of occupation. Section 10: In this Act, employer means the business operator or manager of the business or any other person who acts on behalf of the business operator of the business in matters concerning workers in the business.
Section 116(1):  With the exception of the provisions of sections 1 through 11, paragraph (2) below, sections 117 through 119, and section 121, LSA shall not apply to mariners stipulated in paragraph (1) of section 1 of the Mariners Law (Act No. 100 of 1947) and businesses which employ only relatives who live together and of domestic workers. The LSA excludes national public servants in a general category from its scope of application of the Act and local public servants in a general category from its scope of application of certain provisions in the Act, in line with their exclusions from the Trade Union Law and the Labour Relations Adjustment Law. The LSA applies to other categories of public employees who are covered by the collective bargaining principles.
For more details, see ILO Sectoral Activities Working Paper: https://www.ilo.org/public/libdoc/ilo/2004/104B09_258_engl.pdf, pages 6-9.

The LCA also adopts the same concept of “labour contracts” and defines the concept of workers but with slightly different wordings.
●Section 2(1) of LCA: The term “worker” as used in this Act means a person who works employed by an employer paid wages. Section 2(2) The term “employer” as used in this Act means a person who pays wages to the workers he/she employs.
●Sec 22 of LCA: provides that the Act does not apply to national or local public servants (sec.22(1)), and a labor contract if an employer only employs a family member (s) who lives with the employer (sec. 22(2).
●Sec 21 of LCA: Seafarers are governed by specific legislation (Mariners Act, No. 100 of 1947).
●Note: Domestic workers fall under its scope. On the other hand, the LSA excludes both employers’ family members and domestic workers from its scope of application.
The exclusion of domestic workers only concerns the LSA, but the LCA does not exclude domestic workers from its scope of application.

Note: The LSA is applicable to public servants excluding national and local servants in a general category. These exclusions correspond to the exclusion of those civil servants from the Trade Union Law and the Labour Relations Adjustment Law (i.e. exclusion from the collective bargaining principle).
Y
Y Section 623 of CC under Chapter 8 on “Employment” defines the concept of “employment” and regulates contracts of employment.
Note however, LSA, when it was adopted after the WWII, introduced the concept of “labour contracts” bearing in mind the power imbalance between employers and workers and the need for protecting workers. Therefore the term “worker” is used under LSA instead of the term “employee” under CC.
Section 9 of LSA: In this Act, worker means one who is employed by a business or an establishment (hereinafter referred to as "business") and receives wages therefrom, regardless of the type of occupation. Section 10: In this Act, employer means the business operator or manager of the business or any other person who acts on behalf of the business operator of the business in matters concerning workers in the business.
Section 116(1):  With the exception of the provisions of sections 1 through 11, paragraph (2) below, sections 117 through 119, and section 121, LSA shall not apply to mariners stipulated in paragraph (1) of section 1 of the Mariners Law (Act No. 100 of 1947) and businesses which employ only relatives who live together and of domestic workers. The LSA excludes national public servants in a general category from its scope of application of the Act and local public servants in a general category from its scope of application of certain provisions in the Act, in line with their exclusions from the Trade Union Law and the Labour Relations Adjustment Law. The LSA applies to other categories of public employees who are covered by the collective bargaining principles.
For more details, see ILO Sectoral Activities Working Paper: https://www.ilo.org/public/libdoc/ilo/2004/104B09_258_engl.pdf, pages 6-9.

The LCA also adopts the same concept of “labour contracts” and defines the concept of workers but with slightly different wordings.
●Section 2(1) of LCA: The term “worker” as used in this Act means a person who works employed by an employer paid wages. Section 2(2) The term “employer” as used in this Act means a person who pays wages to the workers he/she employs.
●Sec 22 of LCA: provides that the Act does not apply to national or local public servants (sec.22(1)), and a labor contract if an employer only employs a family member (s) who lives with the employer (sec. 22(2).
●Sec 21 of LCA: Seafarers are governed by specific legislation (Mariners Act, No. 100 of 1947).
●Note: Domestic workers fall under its scope. On the other hand, the LSA excludes both employers’ family members and domestic workers from its scope of application.
The exclusion of domestic workers only concerns the LSA, but the LCA does not exclude domestic workers from its scope of application.

Note: The LSA is applicable to public servants excluding national and local servants in a general category. These exclusions correspond to the exclusion of those civil servants from the Trade Union Law and the Labour Relations Adjustment Law (i.e. exclusion from the collective bargaining principle).
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 Sri Lanka Sri Lanka Asia Y
Y * The TEWA does not apply to public sector employees (state employees, persons employed by a local authority or by a public corporation) persons employed by a cooperative and workers with less than 180 days' service (sec. 3(1) TEWA).
* The provisions of the IDA governing retrenchment do not apply to seasonal work and to workers with less than one year of service (sec. 31E(1) b), c) IDA).
Y
Y * The TEWA does not apply to public sector employees (state employees, persons employed by a local authority or by a public corporation) persons employed by a cooperative and workers with less than 180 days' service (sec. 3(1) TEWA).
* The provisions of the IDA governing retrenchment do not apply to seasonal work and to workers with less than one year of service (sec. 31E(1) b), c) IDA).
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 Mexico Mexico Americas Y
Y Following the principles of art. 123(A) of the Constitution, the Federal Labour Act governs the employment relationship of "workers, employees, domestic workers, craftspersons and in general to all contracts of employment". (see art. 1 FLA).

Those relations regulated in art. 123(B) of the Constitution (public and civil servants) do not fall into the scope of application of FLA and are subject to separate regulations (which were adopted by Federal Act of 27 December 1963).

In addition, according to art. 351 and 352 FLA, the FLA does apply to family workshops "talleres familiares", except for the provisions related to hygiene and safety –verifying compliance of the provision is labour inspectorates responsibility.

Note that workers in positions of trust, seafarers, flight crews, railway workers, road transport workers, the labour force in zones under federal jurisdiction, rural workers, commercial travelers, professional sportsmen, actors, musicians, home workers, domestic employees, mine workers, workers in hotels, restaurants, bars and similar establishments, family undertakings, resident medical doctors during specialist training and employees of universities and autonomous institutions of higher learning are subject to the special provisions of the Title VI of the FLA, which comprises arts. 181 to 353 u. However, as recalled in art. 181, the general provisions of the FLA also apply provided they do not contradict the special regime provisions.
2019 Mozambique Mozambique Africa Y
Y Article 2 of the Labour Act (Law No 23/2007) provides that:
Article 2 - This law applies to the legal relationships of subordinate work established between employers and nationals and foreigners, from all branches of activity, who exercise their activity in the parents.
2. This law also applies to legal labour relations established between legal persons public and its workers, provided they are not State employees or whose relationship is not regulated by specific legislation.
3. Are regulated by specific legislation:
a) The legal labour relations of State officials;
b) The legal relationships of persons serving Local Authorities.
4. This law also applies, with the necessary adaptations, to associations, NGOs and the cooperative sector, with regard to salaried workers.

Also, according to article 3, the relations of: a) Domestic work; b) Work at home; c) Mining work; d) Port work; e) Maritime work; f) Rural work; g) Artistic work; h) Sports work; i) Private security work; j) Contract work; and k) Work in a free regime, are submitted to special legislation. However, the employment relationships, as well as those of other sectors whose activities require special regimes, are regulated by the Labour Act, in everything that is adapted to their particular nature and characteristics.
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 Nicaragua Nicaragua Americas Y
Y Article 3 of Labour Code excludes the army of the coverage of the code. Moreover, civil servants are regulated by the Ley de Servicio Civil y Carrera Administrativa. Y
Y Article 3 of Labour Code excludes the army of the coverage of the code. Moreover, civil servants are regulated by the Ley de Servicio Civil y Carrera Administrativa.
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 Panama Panama Americas Y
Y Art. 2 LC: Civil servants are governed by civil service rules, except in those cases where any provision of the LC is expressly stated to be applicable to them.
Art. 3 LC: Agricultural and agro-industrial cooperatives are governed by the special regulations.

Note that Act No. 60 of October 2012 abrogated Act No. 34 of 1979 which regulated the working conditions of dockworkers in Balboa and Cristóbal harbours.
Y
Y Art. 2 LC: Civil servants are governed by civil service rules, except in those cases where any provision of the LC is expressly stated to be applicable to them.
Art. 3 LC: Agricultural and agro-industrial cooperatives are governed by the special regulations.

Note that Act No. 60 of October 2012 abrogated Act No. 34 of 1979 which regulated the working conditions of dockworkers in Balboa and Cristóbal harbours.
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 Philippines Philippines Asia Y
Y Art. 6 of LC : All rights and benefits granted to workers under this Code shall, except as may otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural.
Art. 291 of LC : The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations.
In addition, the Labour Code contains specific provisions for apprentices (art. 57-72), trainees ("learners": art. 73-77), house helpers (art. 139 - 150), home workers (art. 151-153), night workers (art. 154-161).
2019 Poland Poland Europe Y
Y Article 301 reads as follows:
Article 301. § 1 Special rights in connection with the employment relationship with persons called to active military service and exempt from that service are regulated by the provisions on the general duty to defend the Republic of Poland, and the on the military service of professional soldiers. Article 301. § 2. The period of active military service shall be added to the period of employment to the extent and in accordance with the rules provided for in the provisions referred to in § 1.

Article 303 reads as follows:
Article 303. § 1. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people in home employment, with modifications arising from the different circumstances in which such work is performed.
Article 303 § 2. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people who work, on a regular basis, under arrangements other than the employment relationship or contract for home employment, with modifications arising from the different circumstances in which such work is performed.
Y
Y Article 301 reads as follows:
Article 301. § 1 Special rights in connection with the employment relationship with persons called to active military service and exempt from that service are regulated by the provisions on the general duty to defend the Republic of Poland, and the on the military service of professional soldiers. Article 301. § 2. The period of active military service shall be added to the period of employment to the extent and in accordance with the rules provided for in the provisions referred to in § 1.

Article 303 reads as follows:
Article 303. § 1. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people in home employment, with modifications arising from the different circumstances in which such work is performed.
Article 303 § 2. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people who work, on a regular basis, under arrangements other than the employment relationship or contract for home employment, with modifications arising from the different circumstances in which such work is performed.
Y
Y Article 301 reads as follows:
Article 301. § 1 Special rights in connection with the employment relationship with persons called to active military service and exempt from that service are regulated by the provisions on the general duty to defend the Republic of Poland, and the on the military service of professional soldiers. Article 301. § 2. The period of active military service shall be added to the period of employment to the extent and in accordance with the rules provided for in the provisions referred to in § 1.

Article 303 reads as follows:
Article 303. § 1. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people in home employment, with modifications arising from the different circumstances in which such work is performed.
Article 303 § 2. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people who work, on a regular basis, under arrangements other than the employment relationship or contract for home employment, with modifications arising from the different circumstances in which such work is performed.
Y
Y Article 301 reads as follows:
Article 301. § 1 Special rights in connection with the employment relationship with persons called to active military service and exempt from that service are regulated by the provisions on the general duty to defend the Republic of Poland, and the on the military service of professional soldiers. Article 301. § 2. The period of active military service shall be added to the period of employment to the extent and in accordance with the rules provided for in the provisions referred to in § 1.

Article 303 reads as follows:
Article 303. § 1. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people in home employment, with modifications arising from the different circumstances in which such work is performed.
Article 303 § 2. The Council of Ministers shall specify, by ordinance, the scope of application of the provisions of the labour law to people who work, on a regular basis, under arrangements other than the employment relationship or contract for home employment, with modifications arising from the different circumstances in which such work is performed.
2019 Portugal Portugal Europe Y
Y The Labour Code does not expressly exclude from its entire scope any category of worker.
However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
Note: Act No 12-A/2008 of 27 February 2008 was repealed by Act No 35/2014 of 20 June 2014, with the exception of the transitional rules covered by Articles 88 to 115.

While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it 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)

Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).
Y
Y The Labour Code does not expressly exclude from its entire scope any category of worker.
However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
Note: Act No 12-A/2008 of 27 February 2008 was repealed by Act No 35/2014 of 20 June 2014, with the exception of the transitional rules covered by Articles 88 to 115.

While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it 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)

Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).
2019 Paraguay Paraguay Americas Y
Y Article 2 of Labour Code provides that the following workers shall be subject to the provisions:
a) Intellectual, manual or technical workers in dependency relations and their employers;
b) Professors of private educational institutes and those who practice sports or professional practice;
c) Private sector employers 'and workers' unions;
d) Workers of state companies and municipal companies that produce goods or provide services.

The other state workers are from the Central Administration, the Municipalities or Departments, will be governed by special law.
2019 Romania Romania Europe Y
Y Art. 1 LC:
1) The present code regulates all the individual and collective labour relations, the manner in which the control of the implementation of labour relations regulations takes place, as well as labour jurisdiction.
2) The present code also applies to the labour relations regulated by special laws, only in so far as the latter do not contain derogatory specific provisions.
Specific statutes exist (i.e Administrative Code (2019), Statute of teachers (2011), Statute of the magistrate's profession (Act No. 303/2004), etc.
However they contain only a few rule derogating from the general regime of termination of employment established by the Labour Code .
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 Slovenia Slovenia Europe Y
Y Article 2 ERA: The Act applies to both private and public workers.
However, specific regulations exist for the following categories:
- Public servants (only those employed in a State body or in the administration of local communities): see Public Servants Act (2005 consolidated text ): art. 159-163 PSA
- Army: Defence Act (2004 consolidated text)
- Police: Police Act (2006 consolidated text).
In addition, in concluding a contract of employment with managers, the parties may differently regulate the rights and obligations including those relating to termination of employment (Articles 73 and 74 of ERA).
Y
Y Article 2 ERA: The Act applies to both private and public workers.
However, specific regulations exist for the following categories:
- Public servants (only those employed in a State body or in the administration of local communities): see Public Servants Act (2005 consolidated text ): art. 159-163 PSA
- Army: Defence Act (2004 consolidated text)
- Police: Police Act (2006 consolidated text).
In addition, in concluding a contract of employment with managers, the parties may differently regulate the rights and obligations including those relating to termination of employment (Articles 73 and 74 of ERA).
Y
Y Article 2 ERA: The Act applies to both private and public workers.
However, specific regulations exist for the following categories:
- Public servants (only those employed in a State body or in the administration of local communities): see Public Servants Act (2005 consolidated text ): art. 159-163 PSA
- Army: Defence Act (2004 consolidated text)
- Police: Police Act (2006 consolidated text).
In addition, in concluding a contract of employment with managers, the parties may differently regulate the rights and obligations including those relating to termination of employment (Articles 73 and 74 of ERA).
Y
Y Article 2 ERA: The Act applies to both private and public workers.
However, specific regulations exist for the following categories:
- Public servants (only those employed in a State body or in the administration of local communities): see Public Servants Act (2005 consolidated text ): art. 159-163 PSA
- Army: Defence Act (2004 consolidated text)
- Police: Police Act (2006 consolidated text).
In addition, in concluding a contract of employment with managers, the parties may differently regulate the rights and obligations including those relating to termination of employment (Articles 73 and 74 of ERA).
2019 Slovakia Slovakia 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.
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 [...] 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.

On athletes' exclusion from the scope of the LC: Act no 440/2015 Coll. on sport amended the LC by establishing that professional sportsmen's employment is regulated by a separate act.
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 [...] 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.

On athletes' exclusion from the scope of the LC: Act no 440/2015 Coll. on sport amended the LC by establishing that professional sportsmen's employment is regulated by a separate 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 El Salvador El Salvador Americas Y
Y Art. 2 LC: all employment relationships between employers and workers are regulated by the LC, including employment relationship between the State, Municipalities and Official Autonomous or Semi- Autonomous Institutions and their employees. However, LC does not apply when the employment relationship between State, Municipalities and Official Autonomous or Semi- Autonomous Institutions and their servants is of a public nature and arises from an administrative act or a contract concluded for the performance of technical or professional services.

For civil and public servants see Civil Service Act.
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 Türkiye Türkiye 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 Ukraine Ukraine Law on Employment, adopted in 2013, compared to the Labour Code of 1972, contains only a new definition of mass redundancy Europe Y
Y Article 3 of the Labour Code
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 Serbia Serbia Europe Y
Y Art. 2: "provisions of this law shall apply to employees of public bodies, territorial autonomy bodies and local self-government and public services, unless the law stipulates otherwise".
Act on Public servants (2005) refers to the application of the general labour law unless it is stipulated otherwise.
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.
Sec. A6 Employers and employees affected:
Employers and employees affected.
A6. (2) To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to-
(a) established employees of the Government;
(b) persons in the naval, military, or air forces of the Government;
(c) the Police Force;
(d) persons holding the status of diplomatic agents; or
(e) persons employed by the United Nations or its specialised agencies.
Y
Y See sec. A5 LC "Interpretation": the term employee does not include established employees of the Government.
Sec. A6 Employers and employees affected:
Employers and employees affected.
A6. (2) To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to-
(a) established employees of the Government;
(b) persons in the naval, military, or air forces of the Government;
(c) the Police Force;
(d) persons holding the status of diplomatic agents; or
(e) persons employed by the United Nations or its specialised agencies.
Y
Y See sec. A5 LC "Interpretation": the term employee does not include established employees of the Government.
Sec. A6 Employers and employees affected:
Employers and employees affected.
A6. (2) To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to-
(a) established employees of the Government;
(b) persons in the naval, military, or air forces of the Government;
(c) the Police Force;
(d) persons holding the status of diplomatic agents; or
(e) persons employed by the United Nations or its specialised agencies.
Y
Y See sec. A5 LC "Interpretation": the term employee does not include established employees of the Government.
Sec. A6 Employers and employees affected:
Employers and employees affected.
A6. (2) To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to-
(a) established employees of the Government;
(b) persons in the naval, military, or air forces of the Government;
(c) the Police Force;
(d) persons holding the status of diplomatic agents; or
(e) persons employed by the United Nations or its specialised agencies.
Y
Y See sec. A5 LC "Interpretation": the term employee does not include established employees of the Government.
Sec. A6 Employers and employees affected:
Employers and employees affected.
A6. (2) To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to-
(a) established employees of the Government;
(b) persons in the naval, military, or air forces of the Government;
(c) the Police Force;
(d) persons holding the status of diplomatic agents; or
(e) persons employed by the United Nations or its specialised agencies.
2018 Armenia Armenia Europe Y
Y Art. 7 LC
2018 Botswana Botswana Africa Y
Y See sec. 2 of the Employment Act:"employee" means any person who has, either before or after the commencement of this Act, entered into a contract of employment for the hire of his labour: Provided that the expression shall not include any officer or servant of the Government unless he belongs to a category of such officers or servants the members of which are declared
by regulations to be employees for the purposes of this Act.
2018 Cambodia Cambodia Asia Y
Y Sec. 1(a)-(e) LC
Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Secs. 63-64 LC).
Y
Y Sec. 1(a)-(e) LC
Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Secs. 63-64 LC).
Y
Y Sec. 1(a)-(e) LC
Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Secs. 63-64 LC).
Y
Y Sec. 1(a)-(e) LC
Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Secs. 63-64 LC).
Y
Y Sec. 1(a)-(e) LC
Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Secs. 63-64 LC).
Y
Y Sec. 1(a)-(e) LC
Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Secs. 63-64 LC).
Y
Y Sec. 1(a)-(e) LC
Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Secs. 63-64 LC).
2018 Malaysia Malaysia Asia Y
Y See the definition of the notion of "employee" under Sec. 2(1) EA and under Subsection 2(1) of the First Schedule EA.
Sec. 2B EA provides that the Minister may by order exempt or exclude, subject to such conditions as he may deem fit to impose, any person or class of persons from all or any of the provisions of this
Act.
2017 China China Asia Y
Y Employment of civil servants is regulated by the Civil Servant Law, No 35 of 27 April 2005.
2017 Germany Germany Europe Y
Y See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
- Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).
Y
Y See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
- Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).
Y
Y See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
- Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).
Y
Y See sec. 23 PADA: it is understood that the law is applicable to employees working in public administration.
- Dismissal of civil servants and members of the armed forces are regulated by special acts (Bundesbeamtebgesetz and Soldatengesetz).
The provisions of the PADA on collective dismissals do not apply to sea going vessels and their crew (sec. 23 (2) PADA)
Executives and managers are not excluded but enjoy a limited degree of protection against dismissal. (sec. 14 PADA).
2017 Denmark Denmark Europe Y
Y - There is no general employment legislation covering individual contracts of employment for all categories of workers. There are, however, legislation for specific groups of employees, in particular the Employers' and Salaried Employees' Act (ESEA), which covers white-collar workers.

- Art. 1 (3) ESEA: "The provisions of this Act shall not apply to civil servants or civil servants on probation in the state sector, the primary school system, the Danish National Church, or the local authorities, to salaried employees covered by the Seamen's Act of 7 June 1952, or to apprentices covered by the Apprenticeship Act".

- In addition, the ESEA only applies to salaried employees and does not cover blue-collar workers.
According to art. 1 (1) "salaried employees" shall mean:
"(a)shop assistants and office workers employed in buying and selling activities, in office work or equivalent warehouse operations,
(b)persons whose work takes the form of technical or clinical services (except handicraft work or factory work) and other assistants who carry out comparable work functions,
(c)persons whose work is wholly or mainly to manage or supervise the work of other persons on behalf of the employer,
(d)persons whose work is mainly of the type specified in (a) and (b)".
Y
Y - There is no general employment legislation covering individual contracts of employment for all categories of workers. There are, however, legislation for specific groups of employees, in particular the Employers' and Salaried Employees' Act (ESEA), which covers white-collar workers.

- Art. 1 (3) ESEA: "The provisions of this Act shall not apply to civil servants or civil servants on probation in the state sector, the primary school system, the Danish National Church, or the local authorities, to salaried employees covered by the Seamen's Act of 7 June 1952, or to apprentices covered by the Apprenticeship Act".

- In addition, the ESEA only applies to salaried employees and does not cover blue-collar workers.
According to art. 1 (1) "salaried employees" shall mean:
"(a)shop assistants and office workers employed in buying and selling activities, in office work or equivalent warehouse operations,
(b)persons whose work takes the form of technical or clinical services (except handicraft work or factory work) and other assistants who carry out comparable work functions,
(c)persons whose work is wholly or mainly to manage or supervise the work of other persons on behalf of the employer,
(d)persons whose work is mainly of the type specified in (a) and (b)".
Y
Y - There is no general employment legislation covering individual contracts of employment for all categories of workers. There are, however, legislation for specific groups of employees, in particular the Employers' and Salaried Employees' Act (ESEA), which covers white-collar workers.

- Art. 1 (3) ESEA: "The provisions of this Act shall not apply to civil servants or civil servants on probation in the state sector, the primary school system, the Danish National Church, or the local authorities, to salaried employees covered by the Seamen's Act of 7 June 1952, or to apprentices covered by the Apprenticeship Act".

- In addition, the ESEA only applies to salaried employees and does not cover blue-collar workers.
According to art. 1 (1) "salaried employees" shall mean:
"(a)shop assistants and office workers employed in buying and selling activities, in office work or equivalent warehouse operations,
(b)persons whose work takes the form of technical or clinical services (except handicraft work or factory work) and other assistants who carry out comparable work functions,
(c)persons whose work is wholly or mainly to manage or supervise the work of other persons on behalf of the employer,
(d)persons whose work is mainly of the type specified in (a) and (b)".
Y
Y - There is no general employment legislation covering individual contracts of employment for all categories of workers. There are, however, legislation for specific groups of employees, in particular the Employers' and Salaried Employees' Act (ESEA), which covers white-collar workers.

- Art. 1 (3) ESEA: "The provisions of this Act shall not apply to civil servants or civil servants on probation in the state sector, the primary school system, the Danish National Church, or the local authorities, to salaried employees covered by the Seamen's Act of 7 June 1952, or to apprentices covered by the Apprenticeship Act".

- In addition, the ESEA only applies to salaried employees and does not cover blue-collar workers.
According to art. 1 (1) "salaried employees" shall mean:
"(a)shop assistants and office workers employed in buying and selling activities, in office work or equivalent warehouse operations,
(b)persons whose work takes the form of technical or clinical services (except handicraft work or factory work) and other assistants who carry out comparable work functions,
(c)persons whose work is wholly or mainly to manage or supervise the work of other persons on behalf of the employer,
(d)persons whose work is mainly of the type specified in (a) and (b)".
Y
Y - There is no general employment legislation covering individual contracts of employment for all categories of workers. There are, however, legislation for specific groups of employees, in particular the Employers' and Salaried Employees' Act (ESEA), which covers white-collar workers.

- Art. 1 (3) ESEA: "The provisions of this Act shall not apply to civil servants or civil servants on probation in the state sector, the primary school system, the Danish National Church, or the local authorities, to salaried employees covered by the Seamen's Act of 7 June 1952, or to apprentices covered by the Apprenticeship Act".

- In addition, the ESEA only applies to salaried employees and does not cover blue-collar workers.
According to art. 1 (1) "salaried employees" shall mean:
"(a)shop assistants and office workers employed in buying and selling activities, in office work or equivalent warehouse operations,
(b)persons whose work takes the form of technical or clinical services (except handicraft work or factory work) and other assistants who carry out comparable work functions,
(c)persons whose work is wholly or mainly to manage or supervise the work of other persons on behalf of the employer,
(d)persons whose work is mainly of the type specified in (a) and (b)".
Y
Y - There is no general employment legislation covering individual contracts of employment for all categories of workers. There are, however, legislation for specific groups of employees, in particular the Employers' and Salaried Employees' Act (ESEA), which covers white-collar workers.

- Art. 1 (3) ESEA: "The provisions of this Act shall not apply to civil servants or civil servants on probation in the state sector, the primary school system, the Danish National Church, or the local authorities, to salaried employees covered by the Seamen's Act of 7 June 1952, or to apprentices covered by the Apprenticeship Act".

- In addition, the ESEA only applies to salaried employees and does not cover blue-collar workers.
According to art. 1 (1) "salaried employees" shall mean:
"(a)shop assistants and office workers employed in buying and selling activities, in office work or equivalent warehouse operations,
(b)persons whose work takes the form of technical or clinical services (except handicraft work or factory work) and other assistants who carry out comparable work functions,
(c)persons whose work is wholly or mainly to manage or supervise the work of other persons on behalf of the employer,
(d)persons whose work is mainly of the type specified in (a) and (b)".
Y
Y - There is no general employment legislation covering individual contracts of employment for all categories of workers. There are, however, legislation for specific groups of employees, in particular the Employers' and Salaried Employees' Act (ESEA), which covers white-collar workers.

- Art. 1 (3) ESEA: "The provisions of this Act shall not apply to civil servants or civil servants on probation in the state sector, the primary school system, the Danish National Church, or the local authorities, to salaried employees covered by the Seamen's Act of 7 June 1952, or to apprentices covered by the Apprenticeship Act".

- In addition, the ESEA only applies to salaried employees and does not cover blue-collar workers.
According to art. 1 (1) "salaried employees" shall mean:
"(a)shop assistants and office workers employed in buying and selling activities, in office work or equivalent warehouse operations,
(b)persons whose work takes the form of technical or clinical services (except handicraft work or factory work) and other assistants who carry out comparable work functions,
(c)persons whose work is wholly or mainly to manage or supervise the work of other persons on behalf of the employer,
(d)persons whose work is mainly of the type specified in (a) and (b)".
2017 Estonia Estonia Europe Y
Y Art. 1(5) ECA
2017 Egypt Egypt Africa Y
Y The LA does not apply to:
* public servants employed by State agencies, public establishments and local authorities;
* domestic workers and the like;
* employer's family members whom the employer is in charge of.
(Article 4, LA)
Y
Y The LA does not apply to:
* public servants employed by State agencies, public establishments and local authorities;
* domestic workers and the like;
* employer's family members whom the employer is in charge of.
(Article 4, LA)
Y
Y The LA does not apply to:
* public servants employed by State agencies, public establishments and local authorities;
* domestic workers and the like;
* employer's family members whom the employer is in charge of.
(Article 4, LA)
2017 Saint Lucia Saint Lucia Americas Y
Y Art. 3 of the Labour Act: (1) Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees including domestic workers, homeworkers and people employed at all workplaces.
(2) This Code shall not apply to the Crown or to public servant except where expressly sated in this section or in any other provision of this Code.
(3) Division 1 of Part V binds the Crown.
(4) The benefits and protections granted under this Code shall not be denied to employees merely because such employees are homeworkers where such employees are employed under contracts of employment.
2017 Moldova, Republic of Moldova, Republic of Europe Y
Y No express mention of any worker's category excluded in the Labour Code. However, there might be specific regulations governing the employment relationship of certain categories of employees.
According to art. 3 LC, the LC applies to:
"a) Employees- citizens of the Republic of Moldova, working on the basis of the individual labour
contract in the Republic of Moldova, including the ones who have concluded a contract of
continuous vocational training or a contract on professional qualification;
b) Employees - foreign citizens or persons without the citizenship of Moldova, working for the
employer on the basis of the individual labour contract, the employer, carrying out activity in the
Republic of Moldova;
c) Employees - citizens of the Republic of Moldova, working in diplomatic representatives abroad;
d) Employers - physical or juridical persons from the public sector, private or the mixed sector,
using wage labour;
e) Workers of public bodies, religious associations, trade unions, patronages, foundations, parties
and other non-commercial organizations, using wage labour".
2017 North Macedonia North Macedonia Europe Y
Y Art. 4(5): the LRA covers all employees except maritime personnel, maritime trade companies, members of the crew of the aircraft and foreigners employed in railway companies registered abroad.
Y
Y Art. 4(5): the LRA covers all employees except maritime personnel, maritime trade companies, members of the crew of the aircraft and foreigners employed in railway companies registered abroad.
2017 Mongolia Mongolia Asia Y
Y The LC does not expressly exclude particular categories of workers from its scope of application and defines an employee as "a citizen employed by an employer on the basis of an employment contract" (art. 3.1.2 LC).
The Law on Government Service of 1995 regulates the employment relationship in the public service (including disciplinary dismissal).
2017 Saudi Arabia Saudi Arabia Arab States Y
Y Art. 7 LL: The following shall be exempted from the implementation of the provisions of this Law:
(1)The employer's family members, namely, the spouse, the ascendants and descendants who constitute the only workers of the firm.
(2)Domestic helpers and the like.
(3)Sea workers working on board of vessels with a load of less than five hundred tons.
(4)Agricultural workers other than the categories stated in Article (5) of this Law.
(5)Non-Saudi workers entering the Kingdom to perform a specific task for a period not exceeding two months.
(6)Players and coaches of sports clubs and federations.

Y
Y Art. 7 LL: The following shall be exempted from the implementation of the provisions of this Law:
(1)The employer's family members, namely, the spouse, the ascendants and descendants who constitute the only workers of the firm.
(2)Domestic helpers and the like.
(3)Sea workers working on board of vessels with a load of less than five hundred tons.
(4)Agricultural workers other than the categories stated in Article (5) of this Law.
(5)Non-Saudi workers entering the Kingdom to perform a specific task for a period not exceeding two months.
(6)Players and coaches of sports clubs and federations.

Y
Y Art. 7 LL: The following shall be exempted from the implementation of the provisions of this Law:
(1)The employer's family members, namely, the spouse, the ascendants and descendants who constitute the only workers of the firm.
(2)Domestic helpers and the like.
(3)Sea workers working on board of vessels with a load of less than five hundred tons.
(4)Agricultural workers other than the categories stated in Article (5) of this Law.
(5)Non-Saudi workers entering the Kingdom to perform a specific task for a period not exceeding two months.
(6)Players and coaches of sports clubs and federations.

Y
Y Art. 7 LL: The following shall be exempted from the implementation of the provisions of this Law:
(1)The employer's family members, namely, the spouse, the ascendants and descendants who constitute the only workers of the firm.
(2)Domestic helpers and the like.
(3)Sea workers working on board of vessels with a load of less than five hundred tons.
(4)Agricultural workers other than the categories stated in Article (5) of this Law.
(5)Non-Saudi workers entering the Kingdom to perform a specific task for a period not exceeding two months.
(6)Players and coaches of sports clubs and federations.

Y
Y Art. 7 LL: The following shall be exempted from the implementation of the provisions of this Law:
(1)The employer's family members, namely, the spouse, the ascendants and descendants who constitute the only workers of the firm.
(2)Domestic helpers and the like.
(3)Sea workers working on board of vessels with a load of less than five hundred tons.
(4)Agricultural workers other than the categories stated in Article (5) of this Law.
(5)Non-Saudi workers entering the Kingdom to perform a specific task for a period not exceeding two months.
(6)Players and coaches of sports clubs and federations.

2017 Sweden Sweden Europe Y
Y “This Act applies to employees in both the public and private sectors. However, the following employees are excluded from the application of this Act: 1. employees whose duties and conditions of employment are such that they may be deemed to occupy a managerial or comparable position; 2. employees who are members of the employer’s family; 3. employees who are employed for work in the employer’s household; 4. employees who are employed with special employment support, in sheltered employment or with development employment; and 5. employees who are employed in upper secondary apprentice employment” (SFS 2014:423). Y
Y “This Act applies to employees in both the public and private sectors. However, the following employees are excluded from the application of this Act: 1. employees whose duties and conditions of employment are such that they may be deemed to occupy a managerial or comparable position; 2. employees who are members of the employer’s family; 3. employees who are employed for work in the employer’s household; 4. employees who are employed with special employment support, in sheltered employment or with development employment; and 5. employees who are employed in upper secondary apprentice employment” (SFS 2014:423). Y
Y “This Act applies to employees in both the public and private sectors. However, the following employees are excluded from the application of this Act: 1. employees whose duties and conditions of employment are such that they may be deemed to occupy a managerial or comparable position; 2. employees who are members of the employer’s family; 3. employees who are employed for work in the employer’s household; 4. employees who are employed with special employment support, in sheltered employment or with development employment; and 5. employees who are employed in upper secondary apprentice employment” (SFS 2014:423). Y
Y “This Act applies to employees in both the public and private sectors. However, the following employees are excluded from the application of this Act: 1. employees whose duties and conditions of employment are such that they may be deemed to occupy a managerial or comparable position; 2. employees who are members of the employer’s family; 3. employees who are employed for work in the employer’s household; 4. employees who are employed with special employment support, in sheltered employment or with development employment; and 5. employees who are employed in upper secondary apprentice employment” (SFS 2014:423).
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 Y
Y Those exclusions only relate to the NLRA (29 U.S.C. sec. 152) [sec. 2]) Y
Y Those exclusions only relate to the NLRA (29 U.S.C. sec. 152) [sec. 2]) Y
Y Those exclusions only relate to the NLRA (29 U.S.C. sec. 152) [sec. 2]) Y
Y Those exclusions only relate to the NLRA (29 U.S.C. sec. 152) [sec. 2])
2013 United Arab Emirates United Arab Emirates Arab States Y
Y According to art. 4 FLLR, the law does not apply to the
following categories:
a) officials, employees and workers of the federal government, government departments of the member Emirates, municipalities, public bodies, federal and local public institutions, and those working in federal and local governmental projects;
b) members of the armed forces, the police and the security units;
c) domestic servants working in private residences;
d) agricultural workers (other than those persons employed in the agricultural corporations engaged in processing their products or those permanently engaged in operating or repairing mechanical machines required for agriculture).
Y
Y According to art. 4 FLLR, the law does not apply to the
following categories:
a) officials, employees and workers of the federal government, government departments of the member Emirates, municipalities, public bodies, federal and local public institutions, and those working in federal and local governmental projects;
b) members of the armed forces, the police and the security units;
c) domestic servants working in private residences;
d) agricultural workers (other than those persons employed in the agricultural corporations engaged in processing their products or those permanently engaged in operating or repairing mechanical machines required for agriculture).
Y
Y According to art. 4 FLLR, the law does not apply to the
following categories:
a) officials, employees and workers of the federal government, government departments of the member Emirates, municipalities, public bodies, federal and local public institutions, and those working in federal and local governmental projects;
b) members of the armed forces, the police and the security units;
c) domestic servants working in private residences;
d) agricultural workers (other than those persons employed in the agricultural corporations engaged in processing their products or those permanently engaged in operating or repairing mechanical machines required for agriculture).
Y
Y According to art. 4 FLLR, the law does not apply to the
following categories:
a) officials, employees and workers of the federal government, government departments of the member Emirates, municipalities, public bodies, federal and local public institutions, and those working in federal and local governmental projects;
b) members of the armed forces, the police and the security units;
c) domestic servants working in private residences;
d) agricultural workers (other than those persons employed in the agricultural corporations engaged in processing their products or those permanently engaged in operating or repairing mechanical machines required for agriculture).
Y
Y According to art. 4 FLLR, the law does not apply to the
following categories:
a) officials, employees and workers of the federal government, government departments of the member Emirates, municipalities, public bodies, federal and local public institutions, and those working in federal and local governmental projects;
b) members of the armed forces, the police and the security units;
c) domestic servants working in private residences;
d) agricultural workers (other than those persons employed in the agricultural corporations engaged in processing their products or those permanently engaged in operating or repairing mechanical machines required for agriculture).
Y
Y According to art. 4 FLLR, the law does not apply to the
following categories:
a) officials, employees and workers of the federal government, government departments of the member Emirates, municipalities, public bodies, federal and local public institutions, and those working in federal and local governmental projects;
b) members of the armed forces, the police and the security units;
c) domestic servants working in private residences;
d) agricultural workers (other than those persons employed in the agricultural corporations engaged in processing their products or those permanently engaged in operating or repairing mechanical machines required for agriculture).
2013 Ethiopia Ethiopia Africa Y
Y See art. 3 (2) LP.
Are excluded from the application of the LP:
* contracts relating to persons such as members of the Armed Force, member of the Police Force, workers of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws,
* contracts relating to persons holding managerial positions (see art. 3 (2) c) as amended by the LAP 2006)
* contracts for the purpose of upbringing, treatment, care or rehabilitation;
* contracts for the purpose of educating or training other than apprentices;
* contracts relating to persons who performs an act in consideration of payments at his own business or professional responsibility under a contract of service.

*Apprentices are not excluded from the general application of the LP. However termination of contracts of apprenticeship is regulated by specific rules (art. 51 LP) and provisions regarding severance pay, compensation and reinstatement are not applicable.
Y
Y See art. 3 (2) LP.
Are excluded from the application of the LP:
* contracts relating to persons such as members of the Armed Force, member of the Police Force, workers of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws,
* contracts relating to persons holding managerial positions (see art. 3 (2) c) as amended by the LAP 2006)
* contracts for the purpose of upbringing, treatment, care or rehabilitation;
* contracts for the purpose of educating or training other than apprentices;
* contracts relating to persons who performs an act in consideration of payments at his own business or professional responsibility under a contract of service.

*Apprentices are not excluded from the general application of the LP. However termination of contracts of apprenticeship is regulated by specific rules (art. 51 LP) and provisions regarding severance pay, compensation and reinstatement are not applicable.
Y
Y See art. 3 (2) LP.
Are excluded from the application of the LP:
* contracts relating to persons such as members of the Armed Force, member of the Police Force, workers of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws,
* contracts relating to persons holding managerial positions (see art. 3 (2) c) as amended by the LAP 2006)
* contracts for the purpose of upbringing, treatment, care or rehabilitation;
* contracts for the purpose of educating or training other than apprentices;
* contracts relating to persons who performs an act in consideration of payments at his own business or professional responsibility under a contract of service.

*Apprentices are not excluded from the general application of the LP. However termination of contracts of apprenticeship is regulated by specific rules (art. 51 LP) and provisions regarding severance pay, compensation and reinstatement are not applicable.
Y
Y See art. 3 (2) LP.
Are excluded from the application of the LP:
* contracts relating to persons such as members of the Armed Force, member of the Police Force, workers of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws,
* contracts relating to persons holding managerial positions (see art. 3 (2) c) as amended by the LAP 2006)
* contracts for the purpose of upbringing, treatment, care or rehabilitation;
* contracts for the purpose of educating or training other than apprentices;
* contracts relating to persons who performs an act in consideration of payments at his own business or professional responsibility under a contract of service.

*Apprentices are not excluded from the general application of the LP. However termination of contracts of apprenticeship is regulated by specific rules (art. 51 LP) and provisions regarding severance pay, compensation and reinstatement are not applicable.
Y
Y See art. 3 (2) LP.
Are excluded from the application of the LP:
* contracts relating to persons such as members of the Armed Force, member of the Police Force, workers of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws,
* contracts relating to persons holding managerial positions (see art. 3 (2) c) as amended by the LAP 2006)
* contracts for the purpose of upbringing, treatment, care or rehabilitation;
* contracts for the purpose of educating or training other than apprentices;
* contracts relating to persons who performs an act in consideration of payments at his own business or professional responsibility under a contract of service.

*Apprentices are not excluded from the general application of the LP. However termination of contracts of apprenticeship is regulated by specific rules (art. 51 LP) and provisions regarding severance pay, compensation and reinstatement are not applicable.
2013 Syrian Arab Republic Syrian Arab Republic Arab States Y
Y Art. 5 LL:
"Save as otherwise provided under the present Law:
a- The provisions of this Law shall not apply to:
1- Workers subject to the Civil Servants Basic Law no 50/2004 and amendments thereof.
2- Workers subject to the Agricultural Relations Law.
3- Family members of the employers actually supported by the employer.
4- Domestic servants and similar categories.
5- Workers in charity associations and organizations.
6- Casual workers.
7- Part-time workers whose hours of work do not exceed two hours per day."
Y
Y Art. 5 LL:
"Save as otherwise provided under the present Law:
a- The provisions of this Law shall not apply to:
1- Workers subject to the Civil Servants Basic Law no 50/2004 and amendments thereof.
2- Workers subject to the Agricultural Relations Law.
3- Family members of the employers actually supported by the employer.
4- Domestic servants and similar categories.
5- Workers in charity associations and organizations.
6- Casual workers.
7- Part-time workers whose hours of work do not exceed two hours per day."
Y
Y Art. 5 LL:
"Save as otherwise provided under the present Law:
a- The provisions of this Law shall not apply to:
1- Workers subject to the Civil Servants Basic Law no 50/2004 and amendments thereof.
2- Workers subject to the Agricultural Relations Law.
3- Family members of the employers actually supported by the employer.
4- Domestic servants and similar categories.
5- Workers in charity associations and organizations.
6- Casual workers.
7- Part-time workers whose hours of work do not exceed two hours per day."
Y
Y Art. 5 LL:
"Save as otherwise provided under the present Law:
a- The provisions of this Law shall not apply to:
1- Workers subject to the Civil Servants Basic Law no 50/2004 and amendments thereof.
2- Workers subject to the Agricultural Relations Law.
3- Family members of the employers actually supported by the employer.
4- Domestic servants and similar categories.
5- Workers in charity associations and organizations.
6- Casual workers.
7- Part-time workers whose hours of work do not exceed two hours per day."
2013 Yemen Yemen Arab States Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
Y
Y Art. 3(2) LC: The provisions of the LC do not apply to:
- "employees of the state administration and the public sector;
- officers of the judiciary and the diplomatic and consular corps;
- staff of military and security establishments;
- foreigners seconded to work with the State;
- foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
- foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
- casual workers;
- persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
- household servants and workers of equivalent status;
- persons employed in agriculture and pastoral work other than:
* persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
* persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
* persons working in livestock husbandry".
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: The LC Code applies to all workers, and organizations or individuals employing workers under a labour contract in all economic sectors and all forms of ownership.
It also applies to trainees and apprentices, domestic workers.

Civil servants and public employees, elected, appointed or assigned officials, members of units of the people's armed forces and the police, members of people's organizations and other political and social organizations, and members of cooperatives are not covered by the LC (art. 4 LC, and art 2, 2003 Decree).
Members of boards of management of enterprises are not covered by labour contracts (art. 2(d), 2003 Decree).
Y
Y Art. 2 LC: The LC Code applies to all workers, and organizations or individuals employing workers under a labour contract in all economic sectors and all forms of ownership.
It also applies to trainees and apprentices, domestic workers.

Civil servants and public employees, elected, appointed or assigned officials, members of units of the people's armed forces and the police, members of people's organizations and other political and social organizations, and members of cooperatives are not covered by the LC (art. 4 LC, and art 2, 2003 Decree).
Members of boards of management of enterprises are not covered by labour contracts (art. 2(d), 2003 Decree).
Y
Y Art. 2 LC: The LC Code applies to all workers, and organizations or individuals employing workers under a labour contract in all economic sectors and all forms of ownership.
It also applies to trainees and apprentices, domestic workers.

Civil servants and public employees, elected, appointed or assigned officials, members of units of the people's armed forces and the police, members of people's organizations and other political and social organizations, and members of cooperatives are not covered by the LC (art. 4 LC, and art 2, 2003 Decree).
Members of boards of management of enterprises are not covered by labour contracts (art. 2(d), 2003 Decree).
Y
Y Art. 2 LC: The LC Code applies to all workers, and organizations or individuals employing workers under a labour contract in all economic sectors and all forms of ownership.
It also applies to trainees and apprentices, domestic workers.

Civil servants and public employees, elected, appointed or assigned officials, members of units of the people's armed forces and the police, members of people's organizations and other political and social organizations, and members of cooperatives are not covered by the LC (art. 4 LC, and art 2, 2003 Decree).
Members of boards of management of enterprises are not covered by labour contracts (art. 2(d), 2003 Decree).
Y
Y Art. 2 LC: The LC Code applies to all workers, and organizations or individuals employing workers under a labour contract in all economic sectors and all forms of ownership.
It also applies to trainees and apprentices, domestic workers.

Civil servants and public employees, elected, appointed or assigned officials, members of units of the people's armed forces and the police, members of people's organizations and other political and social organizations, and members of cooperatives are not covered by the LC (art. 4 LC, and art 2, 2003 Decree).
Members of boards of management of enterprises are not covered by labour contracts (art. 2(d), 2003 Decree).
Y
Y Art. 2 LC: The LC Code applies to all workers, and organizations or individuals employing workers under a labour contract in all economic sectors and all forms of ownership.
It also applies to trainees and apprentices, domestic workers.

Civil servants and public employees, elected, appointed or assigned officials, members of units of the people's armed forces and the police, members of people's organizations and other political and social organizations, and members of cooperatives are not covered by the LC (art. 4 LC, and art 2, 2003 Decree).
Members of boards of management of enterprises are not covered by labour contracts (art. 2(d), 2003 Decree).
2010 Iran, Islamic Republic of Iran, Islamic Republic of Asia Y
Y - Sec. 188 LC: "Any person subject to the Civil Service Act or to other special laws and regulations, and any worker in family workplaces where work is performed exclusively by the employer, his wife and his blood relatives in the first degree, are not subject to the provisions of this Code.
Note: The provisions of this section shall be without prejudice to the fulfillment of other obligations explicitly prescribed in Chapters concerning the above cases. "
*See also:
- Sec. 189 LC: "In the agricultural sector, activities related to growing and management of fruit trees, various plants, forests, pastures, parks, animal husbandry, raising and breeding of poultry and birds, the silkworm industry, breeding of marine animals, beekeeping, cultivation, growing and harvesting and other agricultural activities are exempted from parts of this Code, at the proposal of the Supreme Labour Council, and subject to the approval of the Council of Ministers".
- Sec. 190 LC: "The duration of work, holidays, leave, wages and salaries of hunters, fishermen, the personnel and employees of transport services (air, land and sea), housekeepers and domestic servants, the handicapped, workers whose work is such that the whole or a part of their wages and income are provided by customers, and of those whose work is generally carried out periodically shall be determined by regulations to be drawn up by the Supreme Labour Council, and approved by the Council of Ministers. In the absence of such regulations, the provisions of this Code shall apply".
Y
Y - Sec. 188 LC: "Any person subject to the Civil Service Act or to other special laws and regulations, and any worker in family workplaces where work is performed exclusively by the employer, his wife and his blood relatives in the first degree, are not subject to the provisions of this Code.
Note: The provisions of this section shall be without prejudice to the fulfillment of other obligations explicitly prescribed in Chapters concerning the above cases. "
*See also:
- Sec. 189 LC: "In the agricultural sector, activities related to growing and management of fruit trees, various plants, forests, pastures, parks, animal husbandry, raising and breeding of poultry and birds, the silkworm industry, breeding of marine animals, beekeeping, cultivation, growing and harvesting and other agricultural activities are exempted from parts of this Code, at the proposal of the Supreme Labour Council, and subject to the approval of the Council of Ministers".
- Sec. 190 LC: "The duration of work, holidays, leave, wages and salaries of hunters, fishermen, the personnel and employees of transport services (air, land and sea), housekeepers and domestic servants, the handicapped, workers whose work is such that the whole or a part of their wages and income are provided by customers, and of those whose work is generally carried out periodically shall be determined by regulations to be drawn up by the Supreme Labour Council, and approved by the Council of Ministers. In the absence of such regulations, the provisions of this Code shall apply".