An essential element of a worker’s protection against unjustified dismissal is the right of appeal.  The national legislation often provides diverse remedies in case an employee wishes to contest a dismissal. For example, failure to have valid grounds for dismissal where required, or breach of the procedural requirements, may give an employee the right to claim various types of compensation or even nullify the dismissal. In some cases, reinstatement in employment is possible.

The right of appeal is outlined in Convention No. 158. Article 8 provides that “a worker who considers that his employment has been unjustifiably terminated shall be entitled to appeal against that termination to an impartial body, such as a court, labour tribunal, arbitration committee or arbitrator”. Article 9 offers further guidance on the procedures to be applied where a worker seeks to exercise his or her right of appeal, stating that the impartial bodies “shall be empowered to examine the reasons given for termination and the other circumstances relating to the case and to render a decision on whether the termination was justified”. Article 10 provides that in certain circumstances, if the competent bodies find that termination is unjustified, “they shall be empowered to order payment of adequate compensation or such other relief as may be deemed appropriate”.

Show data for

In approximately 2/3 of EPLex countries, dismissals can be contested in labour courts

  • Cases settled in specialized labour courts
  • Cases settled by other competent bodies
  • No data

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints

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Year(s) Country Region Compensation for unfair dismissal - free determination by court Compensation for unfair dismissal - free determination by court Remark Reinstatement available Reinstatement available Remark Preliminary mandatory conciliation Preliminary mandatory conciliation Remark Existing arbitration Existing arbitration Remark TEXT_COMPETENT_COURTS:ordinary courts TEXT_COMPETENT_COURTS:ordinary courts Remark TEXT_COMPETENT_COURTS:labour court TEXT_COMPETENT_COURTS:labour court Remark TEXT_COMPETENT_COURTS:administrative body TEXT_COMPETENT_COURTS:administrative body Remark TEXT_COMPETENT_COURTS:none TEXT_COMPETENT_COURTS:none Remark
2013 Afghanistan Asia N N The LC does not regulate compensation for unfair dismissal. The only provision regarding remedies for unfair dismissal is art. 132 according to which "If the employee is dismissed illegally from job, and re-employed to the previous job after a decision of the Dispute Settlement Commission or a court decision, his/her wages and other benefits of dismissal period is paid as per average wage and other benefit of the last six months prior to dismissal". Y
Y Art. 132 LC. N N Conciliation is not compulsory
Art. 131(1) LC provides that "Any kinds of disputes arising from work, between the organization [employer] and employee or trainee, can be settled by the direct understanding of the organization [employer] and the employee or trainee, on basis of the provisions of this Code and the supplement regulations and orders in relation to work."
N No information found in the legislation reviewed. This might be regulated by a separate law, however no further information was found. Y
Y Art. 132 LC refers to the reinstatement decision of the Dispute Settlement Commissions or the Court.

The LC states that the establishment and the composition of labour dispute settlement commission and the hearing of labour disputes shall be regulated in accordance with the relevant legislative document. However, no information as to the existence of such regulation was found.
N N Y
Y Art. 132 LC refers to the reinstatement decision of the Dispute Settlement Commissions or the Court.

The LC states that the establishment and the composition of labour dispute settlement commission and the hearing of labour disputes shall be regulated in accordance with the relevant legislative document. However, no information as to the existence of such regulation was found.
N N
2019 Algeria Africa N N Art. 73-4 LC. Y
Y Art. 73-4 LC. Y
Y Preliminary mandatory conciliation before the Conciliation Office (Bureau de Conciliation): see art. 19 of the Individual Labour Disputes Settlement Act. The Conciliation Office is made up of 2 representatives of the employers and 2 workers' representatives (art. 6 ILDSA).
________________________
Conciliation préalable devant le Bureau de conciliation (Article 19 de la Loi 90-04 relative au règlement des conflits individuels de travail).
N No arbitration for individual disputes. N N Y
Y According to the Individual Labour Disputes Settlement Act, disputes regarding termination of employment are heard by the tribunal competent over labour matters [le "Tribunal siégeant en matiere sociale"] (Art. 20 ILDSA). This tribunal shall comprise a judge and workers' and employers' representatives (art. 8 ILDSA).
_____________
L'article 20 de la Loi 90-04 relative au règlement des conflits individuels de travail dispose que les tribunaux siégeant en matière sociale connaissent des différends individuels de travail nés à l'occasion, notamment, de la rupture d'une relation de travail.
N N N N
2013 Angola Africa N N Y
Y 1) Disciplinary dismissals:
- Reinstatement is available in the event of an unfair disciplinary dismissal. If the employee does not wish to be reinstated, he or she will be awarded compensation for unfair dismissal. In addition, the employee shall be granted back pay from the date of dismissal until he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229 GLA).
- Any disciplinary dismissal which is based on prohibited grounds (see above - 'substantial requirements') or which did not follow the required procedural rules (call for an interview, notice of dismissal) will be declared null by the Court. As a result, the employee shall be reinstated and receive pack pay from the effective date of his dismissal until his/her reinstatement (art. 228 GLA).
2) Economic dismissals:
- Individual dismissal:
In the event of unfair individual economic dismissal (i.e: absence of the required authorization, refusal to transfer the employee to another existing job, violation of the priority rules for dismissal, absence of authorization for the workers who enjoy special protection), the dismissed worker is entitled to be immediately reintegrated to his/her job. If he/she does not wish to be reinstated or if reinstatement is not possible, he/she will be awarded compensation. In both cases, the worker will receive back pay within a limit of 9 months' wages (art. 237 GLA).
- Collective dismissals:
In the event a collective dismissal is declared unlawful (absence of valid grounds, non-compliance with the procedural requirements, non observance of the priority rules for selecting redundant workers, absence of the required authorization for workers enjoying special protection), the employer must reinstate the employee, unless reinstatement is not possible or the employee does not wish to be reinstated. In addition, the employee shall receive back pay from the date of the dismissal until the date of the court's decision (art. 248 GLA).
N N The GLA provides for preliminary mandatory conciliation of individual labour disputes (art. 307 GLA). Conciliation is conducted by the provincial conciliation body dealing with labour disputes which is part of the provincial Public Prosecutor office (art. 308 GLA).
However, according to art. 307 GLA, there is no mandatory conciliation when the dispute relates to the following matters:
- Nullity of the individual disciplinary dismissal, that is in the event the employee alleges that the employer failed to observe the procedural requirements for such dismissal (e.g oral interview) or that the dismissal was based on prohibited grounds.
- Absence of the authorization required for any individual dismissal based on objective grounds (economic, technological or structural reasons)
- Unlawful collective dismissal because the employer failed to prove the existence of economic, technological or structural reasons, or because he/she did not follow the proper procedure.

For any other dismissal-related disputes, preliminary conciliation shall be carried out.
N No information found in the legislation reviewed. Y
Y The Labour Chamber of the Provincial Courts (Sala do Trabalho dos Tribunais Provinciais) has jurisdiction over individual labour disputes: art. 306 GLA. N N N N N N
2018 Antigua and Barbuda Americas Y
Y See sec. B12 LC, as amended by sec. 6 of LCA: In an unfair dismissal or suspension without pay matter, a decisional officer may order the payment of a sum of money equal to loss of wages sustained and, in addition thereto he may also order the re-instatement or restoration of the person dismissed or suspended, or the payment of a sum of money in lieu of such reinstatement" Y
Y See sec. B12 LC as amended by sec. 6 LCA. Y
Y Complaints of unfair dismissals shall be first brought to the Labour Commissioner who shall seek to settle the matter by voluntary adjustment or settlement within 10 days. Conciliation or mediation may be used for those purposes (see sec. C60, C61 together with sec. B5 LC).
Failing to achieve voluntary adjustment or settlement, he shall transmit the matter to the Minister in charge of Labour who shall also himself attempt to achieve voluntary adjustment or settlement of the matter by taking whatever steps he deems appropriate.(sec. C62 together with sec. B6 LC) If these attempts do not yield any results, the Minister shall take a number of steps available to him (sec. B6(2) LC) including referral of the matter to a Hearing officer (sec. C63 LC).
N Dismissals complaints do not fall within the jurisdiction of the Arbitration Tribunal which is only competent to hear and determine any major trade dispute (sec. B8 LC). [A major dispute is a dispute which has led to an interruption of work which is continuing; or if there is no present interruption of work, may lead to an interruption of work: sec. K13 LC)

N N N N Y
Y The Hearing Officer is competent to hear complaints of unfair dismissal (upon referral by the Minister) and impose appropriate remedies (damages or reinstatement in addition to the payment of loss wages) (see. sec. B12, and C63 LC).

It should be noted that the Industrial Relations Court has jurisdiction over trade disputes (collective disputes) and does not generally have jurisdiction over individual disputes such as disputes concerning dismissal.
However, according to sec. 10 ICA provides that in addition to its jurisdiction, in any dispute concerning the dismissal of an employee, if in the opinion of the Court, an employee has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice, it may order the re-employment or re-instatement of the employee and/or the payment of compensation or damages, or the payment of exemplary damages in lieu of such re-employment or re-instatement.

N N
2018 Argentina Americas N N N N Y
Y Mandatory conciliation is foreseen in Art. 1 of Act 24.635 (Ley Nº 24.635 - Procedimiento laboral. Conciliación obligatoria previa. Modificación de la ley 18.345)

Act available at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/36739/norma.htm
Y
Y Voluntary arbitration is foreseen in Art. 28 of Act 24.635 when mandatory conciliation fails (Ley Nº 24.635 - Procedimiento laboral. Conciliación obligatoria previa. Modificación de la ley 18.345)

Act available at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/36739/norma.htm

See also Article 149ff Ley Nacional de Empleo (Ley 18.435)
N N Y
Y Art. 20, Organization and Procedures of National labour Justice, Act No. 18.345. N N N N
2018 Armenia Europe N N Y
Y Art. 265 LC N N N Y
Y Art. 264 LC N N N N N N
2019 Australia Asia N N See s392 FWA on Remedy - compensation

Y
Y s390 and s391 FWA.
s391 reads as follows:
"Reinstatement
(1) An order for a person's reinstatement must be an order that the person's employer at the time of the dismissal reinstate the person by:
(a) reappointing the person to the position in which the person was employed immediately before the dismissal; or
(b) appointing the person to another position on terms and conditions no less favourable than those on which the person was employed immediately before the dismissal.
(1A) If:
(a) the position in which the person was employed immediately before the dismissal is no longer a position with the person's employer at the time of the dismissal; and
(b) that position, or an equivalent position, is a position with an associated entity of the employer;
the order under subsection (1) may be an order to the associated entity to:
(c) appoint the person to the position in which the person was employed immediately before the dismissal; or
(d) appoint the person to another position on terms and conditions no less favourable than those on which the person was employed immediately before the dismissal [...]"
Y
Y After an unfair dismissal application has been lodged, the Fair Work Commission must resort to all means other than arbitration which it considers are likely to resolve the conflict, such mediation, conciliation, making a recommendation or expressing an opinion (sec. 368 FWA). It usually convenes a conciliation conference of the parties which is held by telephone with a conciliator from the Fair Work Commission. Y
Y If the FWC is satisfied that all reasonable attempts to resolve a general protections dismissal application by mediation or conciliation have been or are likely to be unsuccessful and has issued a formal decision regarding this matter, it can, with the approval of both parties, resolve the conflict by arbitration, including by issuing binding orders to reinstate or compensate the applicant, to maintain his or her employment and to pay lost remuneration (sec. 369 FWA). N N Y
Y Unfair dismissal disputes are decided by the Fair Work Commission (which is the national workplace relations tribunal) (sec. 385, 390 FWA)

Note that general protections dismissal applications (see prohibited grounds) can be brought to the FWC which must deal with the dismissal by mediation or conciliation. If it is satisfied that all reasonable attempts to resolve the dispute by mediation or conciliation have been or are likely to be unsuccessful ,it must issue a decision to refer the dispute to arbitration. If both parties agree, the FWC can then resolve the conflict by arbitration (sec. 369 FWA). Otherwise, the applicant can then make an application to an ordinary court to deal with the matter (Sec 370 FWA).
A person cannot make a general protections dismissal application at the same time as an unfair dismissal application
N N N N
2016 Austria Europe Y
Y Y
Y Sec. 105 WCA. No reinstatement as such. However, if the Court finds the dismissal unlawful, it will declare it void and therefore the employment relationship continues.

N N Y
Y Chapter 4 Code of Civil Procedure as amended by the New Arbitration Law 2013 ("Schiedsrechts-Änderungsgesetz"). N N Y
Y Sec. 105(4) WCA and 50 (1) Labour and Social Court Act. N N N N
2019 Azerbaijan Europe Y
Y Art. 290 and 300 LC Y
Y N N Art. 294 LC Y
Y Art. 265 LC Y
Y Art. 296 LC N N N N N N
2017 Bangladesh Asia Y
Y The LA does not specify the powers of the Court with respect to awarding damages. Sec. 33(4) LA refers to the power of the Court to "make such orders as it may deem just and proper". This includes awarding damages.
Y
Y Sec. 33(5) LA: The Labour court, may amongst other relief, direct reinstatement of the complainant in service, either with or without back wages and convert the order of dismissal, removal or discharge to any other lesser punishment (i.e: suspension, warning, downgrading to a lower post). N N Conciliation is only foreseen for the settlement of industrial disputes (sec. 210 LA).
An industrial dispute is defined as "any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person" (sec. 2(Lxii) LA). An industrial dispute is deemed to exist only if it has been raised by a collective bargaining agent or an employer (sec. 209 LA).
N The parties can only resort to arbitration in the event of an industrial dispute (sec. 210 LA) which "means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person" (sec. 2(Lxii) LA) and which is deemed to exist only "if it has been raised by a collective bargaining agent or an employer" (sec. 209 LA). N N Y
Y Note that only workers who have been "discharged", "dismissed" or "retrenched" (i.e. workers who have been dismissed on grounds of incapacity, misconduct or redundancy) can seek redress for grievance related to dismissal in the courts.
Workers who have been "terminated" by simple notice (with no reason given) cannot challenge such termination in court unless they claim a breach of the requisite requirements (notice and severance pay) or allege that their termination was based on their trade union membership or activity (sec. 33(9) LA).
- The worker must start a grievance procedure by submitting his/her complaint to the employer, in writing within 30 days of being informed the cause of such grievance. The employer has to inquire into the matter and inform the worker of his/her decision in writing within 15 days (sec. 33(1) &(2) LA ).
- If the employer fails to give an answer or if the worker is not satisfied with the employer's statement, the worker can bring a complaint before the Labour Court within 30 days (sec. 33(3) LA). The Court shall issue a decision within 60 days following the filing of the case (sec. 216(11) LA).
- Appeals against the court's decision shall be lodged to the Labour Appellate Tribunal within 30 days of the court's order (sec. 33(6) LA).
N N N N
2019 Belgium Europe N N N N Except for workers' representatives on works councils and health, safety and working conditions committees. N N N N N Y
Y Art. 578 of the Judiciary Code N N N N
2017 Bolivia Americas N N See Article 13 LC (above) Y
Y Articles 10 and 11 of Supreme Decree No. 28699 provides for the possibility for employees to choose between reinstatement or compensation in case of unfair dismissal.
If the employee opts for reinstatement, he/she can request the Labour Authority to issue a reinstatement order, provided that the dismissal is proved to be unjustified.
N N Only for collective labour disputes N Only in the case of collective labour disputes.

Note: In 2015, a new law on arbitration and conciliation was approved (Ley No. 708 of 25 June 2015), which explicitly excludes labour relations from its scope (Art. 5).
N N Y
Y The procedure is governed by the Code on Labour Procedure, 1979, (Código de procedimiento laboral 1979) N N N N
2018 Botswana Africa Y
Y Y
Y Sec. 24 of the Trade Disputes Act provides for a number of remedies available to an employee in the case of wrongful dismissal. The Industrial Court may order reinstatement of the employee, with or without compensation, or order compensation in lieu of reinstatement (sec. 24(1)).

The Industrial Court shall consider compulsory reinstatement in cases of wrongful dismissals if (a) the termination was found to be unlawful, or motivated on the grounds of gender, trade union membership, trade union activity, the lodging of a complaint or grievance, or religious, tribal or political affiliation or (b) the employment relationship has not irrevocably broken down (Sec. 24(2)).
N N N Sec. 27(3) of the EA. Where a severance benefit is payable in accordance with this section, either the employer or employee may, where there is a dispute as to the amount payable, apply, within such period and in such form and manner as may be prescribed, to the nearest labour officer to determine the amount of the benefit and, where such application is made, the nearest labour officer shall forthwith proceed to determine the amount of the benefit. N N Y
Y Competent court(s) / tribunal(s): Commissioner of Labour and Labour Court

Sec. 7 of the Trade Disputes Act provides for the referral of disputes to the Commissioner of Labour. Sec. 7(2) provides that an employee referring a dispute concerning termination of employment shall refer the dispute within 30 days of the date of such termination.

Sec. 24 of the Trade Disputes Act grants the Industrial Court jurisdiction to hear cases regarding the wrongful termination of contract or disciplinary action. As such, under sec. 24(1), in any case where the Court determines that an employee has been wrongfully dismissed or disciplined, the Court may, subject to its discretion to make any other order which it considers just-
(a) in the case of wrongful dismissal, order reinstatement of the employee, with or without compensation, or order compensation in lieu of reinstatement
N N N N
2019 Brazil Americas N N Y
Y Compensation through the FGTS system is usually the only remedy for unfair dismissal.
However reinstatement is available in the following situation:
* Dismissal of workers who had acquired the right of security of tenure after ten years of service before the adoption of the 1988 Constitution (= those hired before 1978). If a serious offence is not duly established, they shall be reinstated or be awarded compensation if the Court declares that reinstatement is not advisable (art. 495 CLL).
* The same rules apply to those categories of employees enjoying job stability (i.e. pregnant women, member of a trade union board and workers' representatives on the Internal Accident Prevention Commission (CIPA)). If serious reasons for dismissal are not recognized by the Labour Court, they have the right to be reinstated.
Y
Y Art 764 CLL: All labour disputes, whether individual or collective, which are referred to a labor court shall be submitted to conciliation proceedings before the labour judges. N N N Y
Y Art. 643-645 CLL: disputes arising out of relations between employers and employees should be settled by the labour courts. The Labour Court of Appeal, regional labour courts, and the Junta de Conciliação e Julgamento [JCJ] (first instance labour court) or the courts of ordinary jurisdiction have jurisdiction. Recourse to the labour courts is compulsory, without exemption, except for good and sufficient reason.
- The JCJ are competent to judge and settle disputes in which the recognition of the security of tenure of the employee is claimed and disputes relating to compensation for the cancellation of a contract of employment (art. 652 CLL). In localities which do not fall within the jurisdiction of the conciliation and arbitration boards, the judges of ordinary jurisdiction shall be responsible for the administration of justice in labour matters (art. 668 and 669 CLL).
N N N N
2019 Bulgaria Europe N N Art. 225 (1) LC Y
Y Art. 344 (1) LC. Right of the employee to demand reinstatement. N N N Y
Y Art. 344 (4) LC refers to district and regional courts. N N N N N N
2019 Burkina Faso Africa N N Y
Y Art. 70 LC Y
Y Before bringing the dispute to court, the parties have the obligation to resort to extra-judicial conciliation before the Labour Inspector (art. 320 LC). N N N Y
Y Art. 338 LC N N N N
2017 Cambodia Asia Y
Y Art. 94 LC: The amount of damages is fixed by the Court, in light of the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other circumstances establishing the existence and the extent of the harm incurred. Instead of providing proof of damages in court, the worker can ask for a lump sum payment equal in amount to the indemnity for dismissal (Art. 91 LC).

Y
Y Art. 385 LC N N Preliminary conciliation is only an option for individual disputes.
Art. 300 LC: Prior to any judicial action, an individual dispute can be referred for a preliminary conciliation, at the initiative of one of the parties, to the Labour Inspector of his province or municipality.

However, conciliation is mandatory for collective (interest and rights) disputes : art. 305 LC.
Y
Y Settlement by the Arbitration Council is compulsory when conciliation failed for collective disputes (rights and interest): art. 309 LC.
The arbitration council has developed a body of reliable jurisprudence on termination of employment.
http://www.arbitrationcouncil.org/eng_index.htm
N N Y
Y See Article 387 LC: Labour courts shall be created that have jurisdiction over the individual disputes occurring between workers and employers regarding the execution of the labour contract or the apprenticeship contract.

However, labour courts have not been established yet. Pending the creation of those Courts, ordinary courts have jurisdiction over labour disputes pursuant to art. 389 LC.
N N N N
2019 Cameroon Africa N N Art. 39 (4) LC reads as follows:
"... 4) Le montant des dommages-intérêts est fixé compte-tenu, en général, de tous les éléments qui peuvent justifier l'existence et déterminer l'étendue du préjudice causé et notamment :a) lorsque la responsabilité incombe au travailleur, de son niveau de qualification et de l'emploi occupé ; b) lorsque la responsabilité incombe à l'employeur, de la nature des services engagés, de l'ancienneté des services, de l'âge du travailleur et des droits à quelque titre que ce soit. Toutefois, le montant des dommages-intérêts, sans excéder un mois de salaire par année d'ancienneté dans l'entreprise, ne peut être inférieur à trois mois de salaire. (...)".

Art. 39 (5) LC reads as follows:
"...5) En cas de licenciement légitime d'un travailleur survenu sans observation par l'employeur des formalités prévues, le montant des dommages-intérêts ne peut excéder un mois de salaire."
N N Except for workers' representatives: Art. 130 (4) LC. Y
Y Preliminary mandatory extra-judicial conciliation before the Labour Inspector (art. 139 LC). N N N Y
Y Art. 131 and 133 LC N N N N
2012 Canada (Federal only) Americas N N Sec. 242(4)a) CLC (see below). Y
Y Sec. 242(4)b) CLC. Y
Y Sec. 241(2) CLC: on receipt of a complaint of unjust dismissal, the inspector shall endeavour to assist the parties to settle the
complaint or cause another inspector to do so.
Y
Y Arbitration is the ordinary way of settling unjust dismissal cases.
- Only employees who have completed 12 consecutive months of continuous employment with the same employer, and who are not members of a group of employees subject to a collective agreement, are entitled to make a complaint for unjust dismissal (sec. 240 CLC)
- Unjust dismissals complaints shall be first submitted to an inspector within 90 days from the date of dismissal. The inspector shall first attempt to conciliate the parties. If conciliation fails, the inspector informs the Minister of Labour who then refers the complaint to an arbitrator (adjudicator) appointed by him for decision (sec. 240(2), 241(3), 242 CLC)
Every order of an adjudicator is final and shall not be questioned or reviewed in any court. (sec. 243(1) CLC)
N N N N N N Y
Y Arbitration is the ordinary way of settling unjust dismissal cases.
Note: civil remedies for wrongful dismissal are not addressed here.
2019 Central African Republic Africa Y
Y Art. 156 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other established rights.
Y
Y Art. 144 (2) LC: Reinstatement is the primary remedy in the event of unjustified dismissal.
Art. 144 LC reads as follows: "Les licenciements prononcés par l'employeur dont les motifs ne sont pas réels et sérieux ne sont nuls et de nul effet. En cas de licenciement injustifié, si l'annulation de celui-ci et ou la réintégration du travailleur ne sont pas possibles, l'employeur est tenu de verser au travailleur en sus des droits légaux, des dommages- intérêts."
Y
Y Art. 346 LC: preliminary conciliation N No arbitration for individual disputes.
Arbitration can only be used for the settlement of collective labour disputes (art. 380 to 396 LC).
N N Y
Y Art. 354 LC: Labour tribunals (Tribunaux du Travail) have jurisdiction over individual labour disputes arising from the employment contract, labour conditions, hygiene and safety conditions, social security regime. N N N N
2018 Chile Americas N N Y
Y There is no general right to reinstatement following unfair dismissal.
However reinstatement is available to the worker in the event of discriminatory dismissal (that is dismissal based on: race, colour, sex, age, marital status, union association, religion, politic beliefs, nationality and social origin) and which is declared serious by the court: see art. 489 LC.
Similarly, if a worker who is not protected under the "fuero laboral" is dismissed as the result of anti-union or unfair labour practices, he or she can opt for reinstatement (art. 294 LC).
Y
Y - Judicial conciliation is part of the procedure before the labour jurisdiction: art. 453 2) LC.
- Small claims proceedings (procedimiento monitorio) = value not exceeding 10 months' wages: mandatory extra-judicial conciliation before the Labour Inspectorate (art. 497 LC)
N N N Y
Y Art. 420 a) LC: 'Juzgados de Letras del Trabajo' N N N N
2017 China Asia N N Y
Y Art. 48 ECL. N N See art. 79 LL and art. 5 Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008)
Art. 79 LL does not provide for preliminary mandatory conciliation, but only gives the parties the option to turn to a mediation and/or arbitration committee before going to Court.
The new Labour Dispute Mediation and Arbitration Law regulates labour disputes settlement. (See text: http://www.lawinfochina.com/display.aspx?id=6584&lib=law)

See secondary sources:
http://www.dwt.com/LearningCenter/Advisories?find=22301
Y
Y Arbitration is mandatory in the event of an individual labour disputes. Art. 79 LL, see also art. 5 and 50 of the Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008).

Y
Y Arbitration is mandatory in the event of an individual labour dispute.
The parties can only go to court, if they do not agree with the arbitration outcome, within 15 days from the date the award is communicated. See art. 5 and 50 of the Labor Dispute Mediation and Arbitration Law.
N N N N N N
2019 Comoros Africa Y
Y Article 44 of the Labour Code Y
Y Article 44 of the Labour Code: reinstatement shall be the primary remedy. Y
Y Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.
N N N Y
Y Articles 44 and 212 of the Labour Code (former art.46 and 192). N N N N
2019 Congo, Democratic Republic Africa N N Art. 63 LC. Y
Y Art. 63 LC. Y
Y Mandatory preliminary extra judicial conciliation before the Labour Inspector: Art. 300 LC and Art. 25 of the Act No. 016/2002 on the establishment, organization, and functioning of Labour Tribunals. N N N Y
Y Art. 63 LC. N N N N
2019 Côte d'Ivoire Africa N N L'article 18.15 du Code du travail dispose que "toute rupture abusive du contrat donne lieu à des dommages et intérêts. (...) b) lorsque la responsabilité incombe à l'employeur, le montant des dommages et intérêts équivalant à un mois de salaire brut par année d'ancienneté dans l'entreprise ne peut être inférieur à 3 mois de salaire ni excéder 20 mois de salaire brut". (...)
____________
In English:
Art. 18.15 LC provides that "any abusive breach of contract shall give rise to damages. (...) b) where the employer is liable, the amount of damages equivalent to one month's gross salary per year of service in the company may not be less than 3 months' salary or more than 20 months' gross salary. (...)
N N Toutefois.
L'article 61.9 du Code du travail prévoit le droit à la réintégration pour le licenciement du délégué du personnel dans certaines circonstances.
L'article 6 du Code du travail dispose que "tout licenciement motivé par l'action en justice pour faire respecter les principes et droits fondamentaux au travail est nul et de nul effet. La réintégration du salarié licencié au mépris de cette interdiction est de droit. (...)"
_________
In English:
However:
Art. 61.9 LC provides for the right to reinstatement in the case of workers' representatives' dismissals in certain circumstances.
Art. 6 LC provides that "any dismissal on the ground of legal action aiming at enforcing fundamental principles and rights at work shall be null and void. The reinstatement of the dismissed employee in breach of this prohibition shall be automatic. (...)"
Y
Y Aux termes de l'article 81.23 du Code du travail, "lorsque les parties comparaissent devant le tribunal du travail, il est procédé à une tentative de conciliation".
Par ailleurs, l'article 81.2 du Code du Travail dispose que "tout différend individuel du travail est soumis, avant toute saisine du tribunal du travail, à l'inspecteur du travail et des lois sociales pour tentative de règlement amiable".
_________________
In English:
Art. 81.23 LC: conciliation shall be part of the procedure before the labour court.
Note also that the individual labour dispute can be brought to the Labour Inspector for extra-judicial conciliation (Art. 81.2 LC)
N N N Y
Y Art. 81.8 LC et seq N N N N
2012 Cyprus Europe N N Y
Y N N No statutory provision in the legislation reviewed / no information in the secondary sources. N No statutory provision in the legislation reviewed / no information in the secondary sources. Y
Y Sec. 2 and 3 TEA.
The Industrial Dispute Court has jurisdiction over cases of unfair dismissals (Proceedings must be initiated within 1 year from the date of dismissal).
Alternatively, the employee may institute proceedings before the civil courts for breach of the employment contract (wrongful dismissal). They must be initiated within six years following the date of termination of employment.
Y
Y Sec. 2 and 3 TEA.
The Industrial Dispute Court has jurisdiction over cases of unfair dismissals (Proceedings must be initiated within 1 year from the date of dismissal).
Alternatively, the employee may institute proceedings before the civil courts for breach of the employment contract (wrongful dismissal). They must be initiated within six years following the date of termination of employment.
N N N N
2010 Czech Republic Europe Y
Y Sec. 69 (1) LC Y
Y Sec. 69 (1) LC.
As a consequence of a court's decision of the invalidity of termination of the employment relationship by the employer, continuation of that relationship is the rule, unless the employee has no interest in further continuation.
N N N Y
Y Sec. 72 LC refers to the competent Court. No labour courts in the Czech Rep. N N N N N N
2017 Denmark Europe N N Sec. 2b (1), (2) ESEA Y
Y No provision on reinstatement in the ESEA.
However the General Agreement, 1973 concluded by the Danish Employers' Confederation and the Danish Confederation of Trade Unions provides for reinstatement.

See also: OECD employment protection legislation database, 2013, Denmark: "reinstatement orders are possible but rare" (available at: www.oecd.org/els/emp/oecdindicatorsofemploymentprotection.htm).
Y
Y Case management in the Danish Labour Court
by Managing Judge Jørn Andersen, Head of Secretariate, 19.9.04, available at:
hwww.ilo.org/wcmsp5/groups/public/---ed_dialogue/---dialogue/documents/meetingdocument/wcms_160035.pdf

Summary of the Danish Labour Court and Labour administration system, available at:
http://www.arbejdsretten.dk/generelt/labour-court.aspx
Y
Y Regulated by Arbitration Act No. 553 of 24 June 2005 as last amended in 2008. Y
Y The Labour Courts have jurisdiction over cases involving workers covered by a collective agreement whereas ordinary Courts have jurisdiction over dismissal disputes involving those not covered by a collective agreement.

In addition, special dismissal bodies have been set up by social partners for unfair dismissal cases for parties to collective agreements. Their decision can be appealed to ordinary courts.
See Danielle Venn (2009), "Legislation, collective bargaining and enforcement: Updating the OECD employment protection indicators", p. 30. Available at: http://www.oecd-ilibrary.org/social-issues-migration-health/legislation-collective-bargaining-and-enforcement_223334316804
Y
Y The Labour Courts have jurisdiction over cases involving workers covered by a collective agreement whereas ordinary Courts have jurisdiction over dismissal disputes involving those not covered by a collective agreement.

In addition, special dismissal bodies have been set up by social partners for unfair dismissal cases for parties to collective agreements. Their decision can be appealed to ordinary courts.
See Danielle Venn (2009), "Legislation, collective bargaining and enforcement: Updating the OECD employment protection indicators", p. 30. Available at: http://www.oecd-ilibrary.org/social-issues-migration-health/legislation-collective-bargaining-and-enforcement_223334316804
N N N N
2017 Egypt Africa N N See art. 122 LC. Y
Y Reinstatement is only available in the following cases:
- If the Labour Court rejects the employer's request to dismiss an employee on disciplinary grounds (listed in art. 69 LL), it will order the employer to reinstate the worker and pay him back wages. However, if the employer does not follow the court's decision, the dismissal is deemed as an unjustified dismissal and the worker is allowed financial compensation as provided in art. 122 LL (art. 71 LL, as amended in 2008).
- If the court considers that the employer requests the dismissal of a worker because of his or her trade union activities, it will order the employer to reinstate the worker if so requested by the worker (art. 71 LL, as amended in 2008).

In any other cases, unjustified termination by employer will only give right to compensation (art. 122 LL).

Y
Y If an individual dispute on the application of the LL arises, it shall first be brought to tripartite body (consisting in representatives of the competent administrative administration, of the employer and of the trade union) for amicable settlement. N No provision found in the legislation reviewed. N N Y
Y See art. 70 and 71 LL as amended in 2008. Since 2008, the Committee in charge of settling individual labour disputes has been replaced by the Labour Court. N N N N
2010 El Salvador Americas N N Art. 58 LC. N N The Labour Code does not provide for the reinstatement of workers who have been unfairly dismissed. Y
Y Only in dismissals that lead to judicial procedure. Art. 385 LC. N Arbitration is only foreseen for the settlement of collective disputes. due to economic or interest reasons. (Art. 480 and 500-514 LC).

Note that art. 24 Conciliation, Mediation and Arbitration Act excludes labour disputes from its scope of application.
N N Y
Y Art. 369 LC - "los jueces laborales" in first instance and "las Cámaras de lo Laboral" in second instance. N N N N
2017 Estonia Europe N N Art. 109 ECA. There are statutory amounts of compensation for unfair dismissal (in lieu of reintegration). However, it is worth noting that such amounts (3 or 6 months' wages depending on the categories of employees - see below) can be modified by the court or the labour dispute committee. Y
Y Art. 107 ECA: If the court or the labour dispute committee establishes that termination of employment is void due to the absence of a legal basis or the non-conformity with law or nullified due to a conflict with the principle of good faith, it shall be deemed that the employment contract has not been terminated and therefore the employee is entitled to return to work. In such cases, the employee is entitled to the payment of loss wages form the time of the dismissal until the reintegration of his/her former position.
N N art. 3
1) If possible, a disagreement arising from the employment relationship of an
employee and employer is resolved by agreement of the employee and
employer through the mediation of a representative of employees or a directing
body of a union or federation of employees.
2) In order to resolve a disagreement, an employer, in co-ordination with a
representative of employees or a directing body of a union or federation of
employees, may establish a conciliation committee, the membership, competence
and procedures of which are determined by agreement of the employer and the
representative of employees or directing body of a union or federation of employees.
3) Attempts to resolve disagreements by agreement do not deprive the parties of the
right of recourse to labour dispute resolution bodies in order to resolve a labour
dispute.
4) Parties have the right of recourse to a labour dispute resolution body without the
mediation of a representative of employees or a directing body of a union or
federation of employees if they find that a labour dispute cannot be resolved by
agreement.
Settling of
N Y
Y There are no specialized labour courts in Estonia. All labour disputes lie within the jurisdiction of general courts. Disputes relating to termination of employment shall be heard by the court or a labour dispute committee (arts. 105-109 ECA).
Labour dispute committees are independent, extra-judicial individual labour dispute resolution bodies which are established within the local branches of the Labour Inspectorate. They are composed of three members: the chairperson of the labour dispute committee and representatives of employees and employers (arts. 10-11 ILDRA)
N N Y
Y There are no specialized labour courts in Estonia. All labour disputes lie within the jurisdiction of general courts. Disputes relating to termination of employment shall be heard by the court or a labour dispute committee (arts. 105-109 ECA).
Labour dispute committees are independent, extra-judicial individual labour dispute resolution bodies which are established within the local branches of the Labour Inspectorate. They are composed of three members: the chairperson of the labour dispute committee and representatives of employees and employers (arts. 10-11 ILDRA)
N N
2013 Ethiopia Africa N N Art. 43(4) LP. Y
Y Art. 43 LP.
Reinstatement is mandatory in case of unfair dismissal. However, when dismissal is unlawful, the court may award compensation in lieu of reinstatement if it believes that the continuation of the employment relationship will give rise to serious difficulties.
N N N N N Y
Y The labour division of the regional first instance court has jurisdiction over claims related to termination of employment: art. 138 1) a) LP. N N N N
2019 Finland Europe N N See: sec. 2, chap. 12 ECA.
N N N N No statutory provision found. N No statutory provision found. Y
Y In Finland, individual labour disputes over rights are heard by ordinary courts as apposed to disputes connected with collective agreements which are dealt with by labour courts. (See Act on the Labour Court 646/19974)
N N N N N N
2012 France Europe N N Y
Y Art. L 1235-3 LC :
The judge can prescribe reinstatement in case of absence of a serious and genuine cause.
Y
Y Art. L 1411-1 LC: conciliation takes place before the conciliation section of the labour court "Conseil des Prudhommes". N N N Y
Y Art. L 1411-1 LC
N N N N
2019 Gabon Africa Y
Y Art. 75 LC (unfair dismissal).
Y
Y Only for workers' representatives: Art. 294 LC. Reinstatement is not available to workers not falling within this category. Y
Y Art. 314 LC: Extra-judicial conciliation shall take place before the Labour Inspector before the claim is brought to the court.
Art. 334 LC: Preliminary mandatory conciliation is part of the procedure before the Labour Court.
N N N Y
Y Art. 318 LC. N N N N
2017 Georgia Europe Y
Y Art. 38.8 LC states that if the court voids the employer's decision for termination of the labour agreement, under the court's decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court. Y
Y Art. 38.8 LC states that If the court voids the employer's decision for termination of the labour agreement, under the court's decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.. N N Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court. Y
Y Art. 48(7) LC Y
Y Ordinary courts have jurisdiction over individual labour disputes. N N N N N N
2017 Germany Europe N N Sec. 10 PADA Y
Y If the Court finds that the dismissal lacks social justification, it will declare it void and therefore the employment relationship continues. However, it can be dissolved upon request of either party when continuation of employment is no longer tolerable. In such cases, the Court will award compensation (sec. 9 PADA). Y
Y Sec. 54 (1) PADA: preliminary conciliation before the Labour Court should take place within two weeks after the application has been filed. N N N Y
Y Sec. 4 PADA and sec. 2 of the Federal Labour Court Act , 1953 (as last amended in 2013). N N N N
2013 Ghana Africa Y
Y Art. 64 (2) c) LA. Y
Y Art. 64 (2) a) LA. N N Y
Y Mediation: art. 154 LA.
Arbitration: art. 157 LA.
N N Y
Y Art. 64 LA.
The competent body is the National Labour Commission. It shall exercise adjudicating and dispute settement functions in complete independence (art. 138 LA). Moreover, in settling an industrial dispute, the Commission shall have the same enforcing powers as the High Court and enjoy the same priviledges and immunities in regard to its proceedings (art. 139 LA).
N N N N
2019 Greece Europe N N Y
Y As indicated above, reinstatement is the primary remedy for unfair dismissal. N N No preliminary mandatory conciliation.

"Articles 208 to 214 in Chapter One of the Code of Civil Procedure deal with the attempt at conciliation which may precede the filing of a lawsuit, although the mechanism is rarely used.
According to the Code of Civil Procedure, in the case of individual labour disputes arbitration is forbidden. However, before the parties concerned bring the case before the courts, there is an opportunity for the Labour Inspectorate to intervene in an attempt to reconcile the worker and employer. The Labour Inspectorate may intervene in individual labour disputes following a written application/complaint made by the applicant to the Labour Inspectorate, which then convokes a tripartite meeting (Labour Inspectorate, employee and employer), during which the subject of the dispute is discussed, along with means of resolving it."
See: Sofia Lampousaki, "Greece: Individual disputes at the workplace - alternative disputes resolution", Feb. 2010, available at the following:
http://www.eurofound.europa.eu/eiro/studies/tn0910039s/gr0910039q.htm

N Y
Y Complaints regarding the nullity of the dismissal shall be brought to the ordinary court within 3 months form the date to the dismissal (art. 6(1) of Act No. 3198/1955).Claimants must be heard within at most 60 days and cases must be settled by the courts after a maximum of 90 days after their submission to court, art. 621(3) Civil Procedure Code.
Alternatively, if the employee decides to lodge a complaint to obtain severance pay, he/she shall do so within 6 months of the dismissal (art. 6(1) of Act No. 3198/1955).

N N N N N N
2012 Honduras Americas N N Art. 113 LC. Y
Y Art. 113 LC. Reinstatement is available is lieu of compensation for unfair dismissal if the employer fails to prove the existence of one of the just causes listed in art. 112 LC (i.e serious misconduct, violence, unjustified absence, inefficiency...). Y
Y Art. 750 LC: preliminary conciliation is carried out by labour judge. N N N Y
Y Arts. 666, 679 LC.
First instance judges are the "Juzgados de Letras del Trabajo".
Appeals are heard by the "Cortes de Apelaciones del Trabajo".
N N N N
2019 Hungary Europe N N • Sections 82 and 83 LC
The employer shall be liable to provide compensation for damages resulting from the wrongful termination of an employment relationship. In addition, the employee is entitled to severance pay as well, if: a) his employment relationship was wrongfully terminated by means other than notice; or b) he did not receive any severance pay at the time his employment relationship was terminated.

In lieu of Subsections compensation described above, the employee may demand payment equal to the sum of his monthly pay due for the notice period when his employment is terminated by the employer.

At the employee's request the court shall reinstate the employment relationship:
a) if it was terminated in violation of the principle of equal treatment;
b) if it was terminated in violation of statutory protection against dismissals concerning specific workers' groups; (...)
e) if the employee successfully challenged the termination of the employment relationship by mutual consent or his own legal statement therefor.

• As regards entitlements arising after the employment relationship was reinstated in connection with the duration of employment, the time between the termination (cessation) of the employment relationship and the day of reinstatement shall be regarded as time spent in employment. The employee shall be compensated for any lost wages, other benefits and for damages in excess thereof. The employee's absentee pay shall be taken into consideration as lost wages.
Y
Y • Sec. 83 of the LC, see in detail above.
N N • However, the parties can resort to extra-judicial conciliation provided it is so stipulated in a collective or an individual agreement (sec. 288 of the LC). However, such an agreement may have no effect on the time limits for asserting workers' rights specified in section 287 of the LC. N • No statutory provision. Arbitration mechanisms are provided by private entities, and can be used on a voluntary basis. N N Y
Y •Administrative and labour courts have jurisdiction in the first instance over disputes arising from the employment relationship. (Sec. 20(2) of Act CXXX of 2016 on the Code of Civil Procedure). Appeals are heard by tribunals (in every county); revision of final judgements of tribunals are heard by the Kúria (Act CLXI of 2011 on the Organization and Administration of the Courts, sec. 21(1), 24(1)). Y
Y •Administrative and labour courts have jurisdiction in the first instance over disputes arising from the employment relationship. (Sec. 20(2) of Act CXXX of 2016 on the Code of Civil Procedure). Appeals are heard by tribunals (in every county); revision of final judgements of tribunals are heard by the Kúria (Act CLXI of 2011 on the Organization and Administration of the Courts, sec. 21(1), 24(1)). N N
2019 India Asia Y
Y Sec. 11A of the IDA states:
"Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct re-instatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require:
Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter"
Y
Y Sec. 11A IDA N N Y
Y Sec. 10A IDA reads as following:

"Voluntary reference of disputes to arbitration-(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.

(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purpose of this Act.]

(2) An arbitration agreement referred to in sub-section (2) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.

(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within '[one month] from the date of the receipt of such copy, publish the same in the Official Gazette.

(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub-section (3), issue a notification in such manner as maybe prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.

(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.

(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.

(5) Nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section."
N N Y
Y Sec. 7 IDA N N N N
2019 Indonesia Asia N N No compensation foreseen in the MA.
A ruling of unfair dismissal entails reinstatement. (see art. 170 MA, also art. 153 (2) on dismissal based on prohibited grounds)
Y
Y Art. 153 (2) MA: any termination based on prohibited grounds shall be declared null and void. The employer must then reemploy the affected worker.
Y
Y Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the parties must first attempt to settle their dispute trough bipartite negotiations, and if negotiations fail, through conciliation or mediation before the dispute can go to the Industrial Relations Court. Y
Y Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the Industrial Relation Court is competent if the parties did not reach any agreement through negotiations, conciliation or mediation. N N Y
Y Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the Industrial Relation Court is competent if the parties did not reach any agreement through negotiations, conciliation or mediation. N N N N
2010 Iran, Islamic Republic of Asia N N Y
Y In the case of unlawful dismissal, the worker shall be entitled to apply to the Board of Inquiry within 30 days. If the employer is unable to prove that the dismissal is based on a valid reason, the employer shall be obliged to reinstate the worker in his or her job (sec. 20, LC). Y
Y In the event of a dispute between an employer and a worker, a settlement shall, in the first instance, be sought by direct compromise between the parties (sec. 157 LC). N N N Y
Y Where no compromise can be reached, the dispute may be referred to, examined and settled by the Board of Inquiry (sec. 157, LC).
Note that a worker who is to be dismissed in accordance with the decision of a Board of Inquiry shall be entitled to appeal the decision to the Disputes Board (sec. 158, LC).
N N N N
2017 Italy Europe N N Y
Y Depending on the number of employees and/or the nature of irregularity affecting the dismissal as previously mentioned reinstatement can be either mandatory or optional: art. 18 Act 300/1970 Act (workers' statute) and art. 8 Act 604/1966. Y
Y Conciliation is optional.

Since 2012, pursuant to Art.7, Law 604/1966 as amended by Art. 1.40 of Act 92/2012,, employers with more than 15 employees (or five in the agricultural sector) in one production work unit, or more than one in the same municipality, and employers employing more than 60 workers wherever located, have to notify public bodies (Direzione Territoriale del Lavoro) when a dismissal for justified objective reason is contemplated, in order to attempt an amicable settlement between the parties.

Art. 7.4 of decree 76/2013 specified that this does not apply to dismissal connected to absence for work because of illness or injury or to other similar cases.

Conciliation is also promoted in the art.6.1 of the Legislative decree 23/2015. This decree is applicable to the workers who are hired with an employment contract of indefinite duration. If the worker opts for the conciliation the employer may offer him/her within 60 days from the dismissal an amount equal to one month's salary for each year of service, and a minimum of 2 to a maximum of 18 months salaries, not subject to taxation.
Y
Y Art. 412-ter Civil Procedure Code: arbitration must be foreseen by a collective agreement. N N Y
Y Art. 413 Civil Procedure Code.
The labour court "giudice del lavoro" is integrated into the organization of the general civil court system, but follow special procedures.
N N N N
2018 Japan Asia N N Y
Y See art. 16 LCL.This provision reads as follows: "A dismissal shall, if it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as an abuse of rights and be invalid". Y
Y Under the new Labour Tribunal System, the Labour Tribunal Committee initially tries to resolve labour disputes through conciliation and in the case of its failure it proceeds to a Labour Tribunal procedure.
It is also
Y
Y Under the Labour Tribunal System, the Labour Tribunal Committee (LTC) attempts to settle the individual labour dispute through mediation in its second or third session and if one of the parties rejects it, the LTC will issue a judicial decision following the Labour Tribunal procedure. (See Labour Tribunal Act - No. 45 of 2004). Y
Y Ordinary courts have had traditionally exclusive jurisdiction over claims of unfair dismissal.
However, pursuant to the Labour Tribunal Law (Act No 45 of 2004 - in force since 2006), a Labour Tribunal system was established. The law establishes Labour Tribunal Committee (LTC) in Districts Court consisting of a judge and two independent experts in labour relations. The committee initially tries to resolve labour disputes through conciliation and mediation and in the case it fails to do so, it then proceeds to the adjudication of the case pursuant to the Labour Tribunal procedure. The Labour Tribunal procedure should be rapid and conclude after a maximum three sessions. The decision of the Labour Tribunal has the force of settlement in the court, unless either party raises an objection. When an objection is raised, the Labour Tribunal procedure is transformed into a normal judicial process pending at the District Court, in which the Labour Tribunal has been set up.

Y
Y Ordinary courts have had traditionally exclusive jurisdiction over claims of unfair dismissal.
However, pursuant to the Labour Tribunal Law (Act No 45 of 2004 - in force since 2006), a Labour Tribunal system was established. The law establishes Labour Tribunal Committee (LTC) in Districts Court consisting of a judge and two independent experts in labour relations. The committee initially tries to resolve labour disputes through conciliation and mediation and in the case it fails to do so, it then proceeds to the adjudication of the case pursuant to the Labour Tribunal procedure. The Labour Tribunal procedure should be rapid and conclude after a maximum three sessions. The decision of the Labour Tribunal has the force of settlement in the court, unless either party raises an objection. When an objection is raised, the Labour Tribunal procedure is transformed into a normal judicial process pending at the District Court, in which the Labour Tribunal has been set up.

N N N N
2019 Jordan Arab States N N Art. 25 LL sets out legal limits on the compensation to be paid to the employee in the event of arbitrary dismissal (see below).
As amended in 2010, Article 25 LL provides that “If a worker institutes judicial proceedings within 60 days of his dismissal, and the competent court finds the dismissal arbitrary and in violation of the provisions of this Code, the court may order the employer to reinstate the worker in his former job or pay him compensation equal to half of the monthly remuneration for each year of service provided that the amount shall not be less than the worker's remuneration for two months, in addition to compensation in lieu of notice and other entitlements stipulated in sections 32 and 33 of this Code, and the compensation shall be calculated on the basis of the last remuneration he received.u201d
Y
Y Art. 25 LL: remedy for arbitrary and unlawful dismissal shall be either reinstatement or compensation. N N No statutory provision found in the legislation reviewed.
Preliminary conciliation is only foreseen in the settlement of collective labour disputes (see art. 120-123 LL)
N No statutory provision found in the legislation reviewed. Y
Y Art. 137 A) LL: The Magistrate Court (ordinary civil court) exercises jurisdiction over individual labour disputes with the exception of disputes related to wages in the areas where there is no "Remuneration Authority".

Under the Jordanian labour disputes settlement system, the labour court is an ad hoc organ, constituted by three regular judges delegated by the judicial council for this purpose upon the requirement of the minister of labour. It is only competent to hear collective labour disputes, and will do so if the conciliation board has failed to settle the case (art. 124 LL).
N N N N N N
2019 Kazakhstan Europe N N Art. 161 of the Labour Code states that the employee shall be paid all wages between the date of dismissal and the date of reinstatement, but not more than six monthly wages. Y
Y Art. 161 of the Labour Code Y
Y Art. 159 of the Labour Code states that the individual labour disputes are considered by the conciliation commissions and/or courts. N Y
Y Art. 159 of the Labour Code N N N N N N
2019 Korea, Republic of Asia Y
Y Art. 28 LSA
Art. 82 Trade Union and Labor Relation Adjustment Act (TULRAA)
Y
Y Art. 30 (1) LSA N N Preliminary conciliation is not mandatory. However, pursuant to art. 16-3 (1) of the Labor Commission Relations Act, the Labor Relations Commission may recommend conciliation or present a conciliation proposal at the request of one of the parties concerned or on its own initiative. Y
Y No arbitration or mediation foreseen for disputes related to the LSA, which is the main piece of legislation on dismissal.
However, arbitration and mediation are only foreseen for disputes related to the Trade Union and Labor Relations Adjustment Act (discrimination on the grounds of trade union activities): art. 47 to 70 of the TULRAA. In such cases, arbitration and mediation can be conducted by the Labour Relations Commission or by private persons.
N N Y
Y The competent body to hear and adjudicate rights and interests disputes arising out of the employment relationship, including unfair dismissals is the Labor Relations Commission. It is a quasi-judicial governmental body which is affiliated to the Ministry of Labor and composed of tripartite representatives: workers, employers and public interests.
See art. 28 LSA, 82 TULRAA, and the Labor Relations Commission Act of 1997, as last amended in May 2007.
N N N N
2019 Kyrgyzstan Europe N N Art. 423 LC

However in the cases of dismissal without a legal basis or with a violation of the established procedure for dismissal or illegal transfer to another job, the court is entitled, at the request of the employee, to make a decision to compensate the employee for the moral harm caused to him by such actions. The amount of this compensation is determined by the court.
Y
Y Art. 423 LC N N Art. 421 LC N Y
Y Art. 421 LC N N N N N N
2019 Lesotho Africa Y
Y Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation. Y
Y Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable. Y
Y See art. 227 (4) and (5) LC as amended in 2000.

Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, or by arbitration at the DDPR.
In both cases, extra judicial prior conciliation is foreseen:
- Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDPR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
- Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

On the process of conciliation, see: art. 228 B LC (as amended in 2000)
Y
Y See article 226 and 227 LC (as amended in 2000),
Mandatory arbitration:
- A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
- In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
N N Y
Y The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
- The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
i) for participation in a strike;
ii) as a consequence of a lock-out; or
iii) related to the operational requirements of the employer.
Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
- A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
- Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
In addition, the Labour Court can always review the arbitration award on application by one of the parties.
N N N N
2019 Luxembourg Europe Y
Y Art. L 124-12 (1) LC: free determination by the Court when dismissal is not justified by genuine and serious reasons.
However, in case of non-respect of a fundamental procedural requirement, compensation awarded by the judge shall not exceed 1 month's wages.: art. L 124-12 (3) LC.
______________________
Art. L. 124-12 du Code du travail:
(1) Lorsqu'elle juge qu'il y a usage abusif du droit de résilier le contrat de travail à durée indéterminée, la juridiction du travail condamne l'employeur à verser au salarié des dommages et intérêts compte tenu du dommage subi par lui du fait de son licenciement. (...)
(3) La juridiction du travail qui conclut à l'irrégularité formelle du licenciement en raison de la violation d'une formalité qu'elle juge substantielle doit examiner le fond du litige et condamner l'employeur, si elle juge que le licenciement n'est pas abusif quant au fond, à verser au salarié une indemnité qui ne peut être supérieure à un mois de salaire. L'indemnité visée à l'alinéa qui précède ne peut être accordée lorsque la juridiction du travail juge le licenciement abusif quant au fond.
Y
Y Art. L 124-12 (2) LC : the judge can prescribe reinstatement if requested by the worker and approved by the employer.
In some cases, reinstatement is mandatory if requested by the worker (art. L 124-12 (4) LC).
_________________________
Art. L. 124-12 du Code du travail:
(2) En statuant sur les dommages et intérêts attribués au salarié licencié abusivement, la juridiction du travail peut, à la demande du salarié formulée en cours d'instance et lorsqu'elle juge réunies les conditions pour une continuation ou une reprise de la relation de travail, recommander à l'employeur de consentir à la réintégration du salarié en réparation de son licenciement abusif.
La réintégration effective du salarié avec maintien de ses droits d'ancienneté libère l'employeur de la charge des dommages et intérêts qu'il a été condamné à lui verser en réparation de son licenciement abusif.
L'employeur qui ne souhaite pas consentir à la réintégration du salarié licencié abusivement lui recommandée par la juridiction du travail peut
être condamné, à la demande du salarié, à compléter les dommages et intérêts visés au paragraphe (1) par le versement d'une indemnité correspondant à un mois de salaire. (...)
(4) Dans les cas de nullité du licenciement prévus par la loi, la juridiction du travail doit ordonner le maintien du salarié dans
l'entreprise lorsqu'il en fait la demande. Sont applicables, dans ces cas, les dispositions des articles 2059 à 2066 du Code civil. (...)
N N Mandatory conciliation is only foreseen for collective disputes: Art. L. 164-1 LC.
_________________
La conciliation obligatoire n'est prévue que pour les litiges collectifs : Art. L. 164-1 LC
N N N Y
Y Art. L 124-11 (2) LC. N N N N
2017 Macedonia, The Former Yugoslav Republic of Europe Y
Y Art. 102.5 LRA, with the 2012 amendment has been renumbered as Art. 102.4 LRA and modified to state that when the court establishes that the dismissal was unlawful and it is unacceptable for the employee to be reinstated, the court, at the employee's request, shall specify the date of termination of employment and will oblige the employer to pay wages in accordance with paragraph 2 of the same article. Art. 102.2 LRA, also brought with the 2012 amendment, states that in addition to the return to work, the employer shall pay the employee the gross salary which the employee would have taken if he/she was at work in accordance with the law, the collective agreement and employment contract, reduced by the amount of income that the employee has achieved on the basis of work after the termination of employment.
According to the previous regulation before the 2012 amendment, when the court would establish that the dismissal was unlawful and if the employee would find unacceptable the reinstatement, the court, at the employee's request, had to fix the date of termination of employment and award compensation depending on the employee's length of service, age, social status and family responsibilities.(previously art. 102(5)LRA).
Y
Y Art. 101(1) LRA: if the Court rules that the employment contract was unlawfully terminated, the employee must be reinstated if he/she so requests. N N No preliminary mandatory conciliation.
However, the LRA provides that in the event of dismissal with notice, the employee is authorised to file a complaint to the management body or to the employer within 8 days from receipt of the dismissal decision. The employer must reply to the complaint within 8 days, and during that period the execution of the dismissal decision is suspended. If the employee is not satisfied with the response he/she may initiate a dispute before the competent court (art. 93 LRA).
In case of termination of employment by the employer without a notice period (summary dismissal), the employee is entitled to complain to the management body or to the employer within 8 days from the receipt of the decision on the dismissal. The employer or the management body must give the response to the complain in the period of 8 days. In case the employee is not satisfied with the response, he/she has a right to initiate proceedings before the competent court within 15 days. In this case, while the procedure is ongoing, the execution of the dismissal decision is not suspended (Art. 91 LRA).
Y
Y Art. 29 of the Law on peaceful resolution of labour disputes stipulates that individual labour disputes concerning termination of employment can be settled through arbitration. The arbitration award concerning an individual labour dispute shall be issued within 30 days form the opening of the hearings, which shall start within 3 days of the submission of the case (arts. 33 and 35 of the above-mentioned law). Y
Y Art. 91 and 93 LRA ("competent court"). N N N N N N
2019 Madagascar Africa Y
Y Art. 20 LC. N N The only remedy available for unfair dismissal ("licenciement abusif") is the payment of damages.
Y
Y - Art. 207 LC: The dual mission of the labour jurisdiction is to settle the dispute by conciliation or adjudicate if conciliation fails.
No further information in the LC as to the conciliation process before the labour tribunal.
- In addition, preliminary extra judicial conciliation is available before the Labour Inspector if requested by either party. Such preliminary settlement is not mandatory if the employment relationship has been terminated (see Arts. 199 and 200 LC).
N N N Y
Y Art. 205 LC. N N N N
2019 Malawi Africa N N Art. 63(4) and (5) EA. The amount of compensation shall be such amount as the court considers just and equitable in the circumstances. However, statutory minimum thresholds are foreseen in art. 63 (5) of the EA. Y
Y Art. 63 (1) a) EA.
When deciding which remedy to award, the Court shall first consider the possibility of ordering reinstatement (art. 63 (2) EA).
Y
Y Prior to the settlement of the dispute before the Court, the matter is lodged to a Regional/District Labour Officer before a Labour Officer for conciliation: art. 62, 64 EA and art. 44(1) LRA. This preliminary phase of extra-judicial conciliation is compulsory for the parties.

In addition, preliminary conciliation before the Registrar of the Industrial Relations Court: Rule 5 (3),(4) (5) of the Industrial Relations Court (Procedure) Rules, 1999.
Conciliation is carried out by the Registrar, if requested by the parties or if directed by the Court to do so.

N N N Y
Y Art. 62(1), 64 and 65 EA.
See also the part on dispute settlement (art. 42-45) of the Labour Relations Act, 1996
N N N N
2018 Malaysia Asia Y
Y The IRA does not expressly refer to legal limits (see provisions on the court's award: sec. 20 (2) and (3) and 30 IRA). Y
Y See sec. 20 1) and 33 b) IRA. Y
Y The employee who considers to have been dismissed without "just cause or excuse" first has to make representations to the Industrial Relations Department for reinstatement. If no settlement, including by conciliation, is possible, the Department will report the matter to the Minister, who may refer the matter to the Industrial Court (sec. 20 IRA) N N N Y
Y The judicial body competent to hear cases of unfair dismissal is the industrial court (sec. 20 (3) and 30 IRA)
The employee who considers to have been dismissed without "just cause or excuse" first has to make representations to the Industrial Relations Department for reinstatement. If no settlement, including by conciliation, is possible, the Department will report the matter to the Minister, who may refer the matter to the Industrial Court (sec. 20 IRA)

Alternatively, an employee can bring a civil action for damages in respect of wrongful dismissal before the civil courts. However, a decision issued by the Industrial Court on unfair dismissal shall operate as a bar to any action for damages by the employee in any court in respect of wrongful dismissal.(sec. 20 (4) IRA).
N N N N
2010 Mexico Americas N N Art. 48 FLA Y
Y Art. 48 FLA: The worker may apply to a Conciliation and Arbitration Board for reinstatement in the post occupied or for compensation in the form of three months' wages, at his or her choice.

Under art. 49 of the FLA, the employer may, in the following cases, be released from the obligation to reinstate the worker by paying the compensation referred to in art. 50:

in the case of workers who have been employed for less than one year in the undertaking;
if sufficient evidence is furnished to the satisfaction of the Conciliation and Arbitration Board that the worker on account of the work performed or the nature of the work is in direct and permanent contact with the employer and the Board is of the opinion, taking into consideration all the circumstances of the case, that continuation of the work is impossible;
in the case of employees in a position of trust;
in domestic service; and
in the case of casual workers.
N N N N N Y
Y Art. 123 (A)( XX)of the Mexican Constitution, 58 FLA.
In Mexico, employment disputes are heard by the Conciliation and Arbitration Board (Junta de Conciliación y Arbitraje). They can be heard by the Federal or Local board according to distribution of competencies (Art. 621 FLA).

This is a tripartite body that exercises jurisdictional functions. See art. 605ff for composition and structural organization. Note that this was modified in November 2012.
N N N N
2017 Moldova, Republic of Europe N N Art. 90 LC Y
Y Art. 89 LC N N No statutory provision in the legislation reviewed. N Y
Y Art. 355 LC N N N N N N
2017 Mongolia Asia N N Y
Y Art. 36.1.2 LC. N N No statutory preliminary mandatory conciliation for individual labour disputes.
(However, collective labour disputes shall be first submitted to "intermediaries" for conciliation: see art. 117 LC).
N Arbitration is only available for the settlement of collective labour disputes (see: art. 118 LC and The Labour Administration Rules of 2001) Y
Y Individual labour disputes are either settled by the Labour Dispute Settlement Commission or by ordinary courts. According to art. 128.1.2 LC, ordinary courts have exclusive jurisdiction over wrongful dismissal complaints (art. 128 LC). Any such dispute shall be referred to the court within 1 month from the receipt of the employer's dismissal decision. N N N N N N
2017 Montenegro Europe Y
Y New in Dec. 2011: While there were no provisions on compensation in the 2008 LL, the amendments passed in December 2011 introduced new rules on compensation to be awarded to an employee in the event of unfair and unlawful dismissal (Art. 143(4)(5)(6) LL. (see below)
Y
Y Art. 143d LL
New in Dec. 2011: While there was no statutory provision on reinstatement in the 2008 labour law, the 2011 amendments introduced reinstatement as the primary remedy for reinstatement. According to article 143d(3) LL "if the competent body determines that the dismissal was carried out without legal or justifiable grounds, whether prescribed by an act of the employer or agreed by the employer in the contract of employment, the employee shall be entitled to return to work, as well as to a compensation of financial and non-financial damage in a procedure prescribed by the law".
N N Y
Y Art. 143d LL (new in December 2011):
Within 15 days from the date of the receipt of the dismissal decision, an employee may challenge that decision before the competent. Alternatively, he/she can challenge it before the Agency for Amicable Settlement of Labour Disputes.

[New in 2011: The possibility to settle dismissal disputes through the Agency for amicable settlement of labour disputes has been introduced in December 2011. In the 2008, there was only a reference in art. 121(1) LL to the possibility of submitting individual labour disputes to an arbitrator.]
Y
Y Art. 143d LL:
Within 15 days from the date of the receipt of the dismissal decision, an employee may challenge that decision before the competent. Alternatively, he/she can challenge it before the Agency for Amicable Settlement of Labour Disputes.
There are no specialised labour courts in Montenegro; labour disputes are heard by ordinary courts.

Note: following the 2011 amendments, with regard to the competent court, the relevant article number has changed but not its content (with the exception of the inclusion in this article of the possibility to submit the dispute to the Agency for Amicable Settlement of Labour Disputes (see below under arbitration)

With respect to the burden of the proof in dismissal disputes, there was no provision in the 2008 LL. The 2011 amendments introduced a new, the 2011 amendment introduced a new provision (art. 143d(2) according to which the burden of proving that the grounds of dismissal are justified and lawful rests on the employer.

N N N N N N
2019 Morocco Africa N N Art. 41 LC Y
Y Art. 41 LC N N No mandatory conciliation before the court.
However, possibility to resort to extra-judicial conciliation before the Labour Inspectorate to claim reinstatement or damages (art. 41 LC)
N Y
Y Art. 41 LC refers to the competent tribunal. No labour court in Morocco. N N N N N N
2019 Namibia Africa Y
Y No legal limits on the amount of compensation for unfair dismissal to be awarded by the arbitrator (see sec. 86(15) c) LA) Y
Y Sec. 86(15) d) LA provides that an arbitrator to a dispute may make any appropriate arbitration award, including an order of reinstatement of an employee. Y
Y Sec. 86(5) LA: "Unless the dispute has already been conciliated, the arbitrator must attempt to resolve the dispute through conciliation before beginning the arbitration."

See also Sec. 85(6) LA: "If the conciliation attempt is unsuccessful, the arbitrator must begin the arbitration".
Y
Y Arbitration is the ordinary mechanism settling disputes relating to the breach of a contract of employment or a collective agreement (see sec. 84 to 86 LA). Any party to such dispute may refer it in writing to the Labour Commissioner or any labour office which will then refer the dispute to an arbitrator to attempt to resolve the dispute through arbitration; (sec. 86 (1) LA).

If the dispute concerns a dismissal, it must be submittted within six months after the date of the dismissal. Otherwise, it must be submitted within one year after the dispute arises.
N N Y
Y In addition to Labour Court: Arbitration tribunal and Labour commissioner

Sec. 85 LA establishes arbitration tribunals for the purpose of resolving disputes. Art 85(2) provides that Arbitration tribunals operate under the auspices of the Labour Commissioner, and have jurisdiction to
(a) hear and determine any dispute or any other matter arising from the interpretation, implementation or application of this Act; and
(b) make any order that they are empowered to make in terms of any provision of this Act.

Sec. 86(1) LA provides that unless a collective agreement provides for referral of disputes to private arbitration, any party to a dispute may refer the dispute in writing to
(a) the Labour Commissioner; or
(b) any labour office.

The Labour Court will only be competent to hear appeals against an arbitrator's award
* on any question of law alone;
* in the case of an award in a dispute initially referred to the labour Commissioner concerning the fundamental rights, on a question of fact, law or mixed fact and law (sec. 89 (1) LA).
N N N N
2019 Netherlands Europe Y
Y On compensation, see Art. 7:681 to 7:683 CC.
In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, Art. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages
An employee who has terminated an employment contract due to an “urgent causeu201d(see above) provoked by the employer may also be entitled to a compensation, Art. 7:677 CC.
Y
Y Art. 7:681 to 7:683 CC. N N No statutory provision in the legislation reviewed. N No statutory provision in the legislation reviewed. Y
Y No specialised court, ordinary courts have jurisdiction over labour disputes.
N N N N N N
2019 New Zealand Asia Y
Y • There are no statutory limitations as to the amount of compensation to be awarded in the event of unfair dismissal.
Sec. 123 ERA provides that if the Employment Authority or Court determines that a dismissal was unjustified, it may provide for any 1 or more of the following remedies:
- reinstatement;
- reimbursement of the whole or any part of the wages lost as a result of the dismissal;
- compensation for humiliation, loss of dignity, and injury to the feelings of the employee; and loss of any benefit, whether or not of a monetary kind, which the employee might reasonably have been expected to have obtained had he or she not been dismissed.

Up-to-date figures for non-remuneration compensation are available at: https://www.employment.govt.nz/about/employment-law/compensation-and-cost-award-tables/
Y
Y The ER Amendment Act 2018 s 47 restores the pre-2010 provision and (from 11 December 2018) provides that:

“125 Reinstatement to be primary remedy
(1) This section applies ifu2014
(a) the remedies sought by, or on behalf of, an employee in respect of a personal grievance include reinstatement; and
(b) it is determined that the employee did have a personal grievance.
(2) If this section applies, the Authority or court must provide for reinstatement wherever practicable and reasonable, irrespective of whether it provides for any other remedy as specified in section 123.

Y
Y - The Ministry for Business, Innovation and Employment (MBIE) provides a Mediation services in order to help the employer and employee to resolve their dispute by mutual agreement. If the parties come to an agreement, once it is signed by the Mediator, it will be final and binding.
- In addition, the ERA provides for the duty of the Employment Relations Authority to consider mediation (sec. 159 ERA). That means that it shall first consider whether an attempt has been made to resolve the matter. However, according to sec. 159AA ERA, in case mediation is not requested by both parties, the authority should not refer the case to mediation, unless it considers the alleged breaches to be minor or it is satisfied that will be a cheaper and quicker way to clarify disputed facts or otherwise assist the authority in considering the matter. Before referring to mediation, the authority must also consider, whether it would contribute constructively to resolving the matter; or be in the public interest; or undermine the urgent or interim nature of the proceedings. (Based on the same considerations, when a case reaches the court, the court can also again consider on whether to refer the case to mediation, sec. 188 (2) and 188A ERA.)
Y
Y The ERA reserves the possibility for the parties to resort to arbitration or other mediation services. (secs. 154 and 155 ERA) N N Y
Y - The ERA gives exclusive jurisdiction to the Employment Relations Authority, an independent body, to make determination about personal grievances, which amongst other things include unfair dismissal claims (sec. 161(1)e) ERA). This provision removed the possibility for employees to pursue a claim for wrongful dismissal under civil law.
- Either the employer or employee may challenge a determination of the Authority, within 28 days after the date of the determination, in the Employment Court.
A challenge may relate to the whole of the determination (in which case, there will be a de novo hearing) or be restricted to some limited aspect of a determination (sec. 179 and 187 ERA)
Y
Y - The ERA gives exclusive jurisdiction to the Employment Relations Authority, an independent body, to make determination about personal grievances, which amongst other things include unfair dismissal claims (sec. 161(1)e) ERA). This provision removed the possibility for employees to pursue a claim for wrongful dismissal under civil law.
- Either the employer or employee may challenge a determination of the Authority, within 28 days after the date of the determination, in the Employment Court.
A challenge may relate to the whole of the determination (in which case, there will be a de novo hearing) or be restricted to some limited aspect of a determination (sec. 179 and 187 ERA)
N N
2019 Niger Africa Y
Y Art. 91(2) and 92 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other established right.

Art. 475 Implementing Decree of August 2017: The amount of damages in case of unfair dismissal of a workers' representative can reach 36 months of salary.
Y
Y The LC does not contain any provision on reinstatement and only provides for the payment of damages in the event of unfair dismissal (Art. 91(2) LC).However, in practice, reinstatement seems to be ordered by the labour courts. See, e.g. Direct Request by the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) on the application of Convention No. 158 (2011) [link available under "Scope of additional information"] :
"The Government indicates that the labour tribunal has the power to declare the termination invalid and to propose reinstatement should it identify any irregularity in the grounds and procedure for termination. The Government also indicates that, if the employer rejects the request for reinstatement, it is required by law to pay the worker compensation"

New in Sept. 2012:
Art. 227 LC: Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC, reinstatement was not available in such cases.

Art. 475 Implementing Decree of August 2017: Reinstatement possible in case of unfair dismissal of workers' representatives.
Y
Y Art. 305 LC: Conciliation shall be part of the procedure before the labour court.
In addition, before starting any judicial proceedings, the parties can resort to extra-judicial conciliation before the Labour Inspectorate (Art. 317 LC).

N In the LC, arbitration is only foreseen for the resolution of collective labour disputes. N N Y
Y Art. 289 LC.
N N N N
2013 Nigeria Africa Y
Y Remedies for unlawful termination (breach of contract) or wrongful dismissal without notice are limited to damages for the equivalent amount the employee would have been entitled to, had the contract not been unlawfully terminated. Therefore, in the event of unlawful termination, the employee is entitled to compensation equivalent to what the employee would have earned during the notice period.
In the event of wrongful dismissal without notice (for gross misconduct), the damages awarded corresponds to the amount the worker would have earned if he or she had continued working under the employment contract until this contract was lawfully terminated.
Nigerian law excludes damages for injured feelings (following the English case of Addis v. Gramophone Co. [1908] AC 488.)

Y
Y Reinstatement is only available in limited circumstances (in particular, when the termination was based on the employee's trade union activities).

See: Chioma Kanu Agomo, 'Part I. Individual Employment Relations' (August 2010), pp. 39'72, in Prof. Dr R. Blanpain, Prof. Dr M. Colucci (Eds.), International Encyclopaedia for Labour Law and Industrial Relations (Kluwer Law International BV, The Netherlands), pp. 62-63, paras. 158-159:
" The regular courts have consistently declined employee's request for reinstatement as appropriate remedy for wrongful termination (see Chukwuma v. Shell Petroleum Development Company of Nigeria Ltd (1993) 4 NWLR 512; Sule v. Nigerian Cotton Board (1985) 2 NWLR 17; New Nigeria Bank Ltd v. Oniovosa (1995) 7 NWLR 691)"
This principle applies to the private sector, reinstatement is an available remededy for wrongful termination in the public sector.
The National Industrial Court has recognized that reinstatement can be ordered in two cases: the first one being when the termination is the result of the trade union activities of the employees prohibited under sec. 9(2) LA, the second one being (in line with the ordinary courts rulings) when an office or employment has a 'statutory flavour', which means that its conditions of service are provided for and protected by statute or regulations and any person holding that office or in that employment enjoys a special status. If the procedure laid down by the applicable statute for dismissing such a person is not complied with, then the dismissal will be null and void, and the person will be reinstated.
N N No information found. Y
Y Only trade disputes can be referred to the Industrial Arbitration Panel. This institution does not generally deal with individual or rights disputes unless these disputes are part of a trade dispute. A trade dispute includes any "dispute or difference between employers and workers which is connected with the employment or non-employment of any person".
In any cases, an individual employment dispute can always be settled by private arbitration if the parties so agree.

Y
Y Until the adoption of the National Industrial Court Act (2006), individual employment claims (including on wrongful terminations) were only handled by ordinary court. However the 2006 Act now confers jurisdiction to the National Industrial Court over individual employment disputes. Y
Y Until the adoption of the National Industrial Court Act (2006), individual employment claims (including on wrongful terminations) were only handled by ordinary court. However the 2006 Act now confers jurisdiction to the National Industrial Court over individual employment disputes. N N N N
2019 Norway Europe Y
Y Art. 15-12(2) WEA states that employees may claim compensation if the dismissal is effected in violation of the provisions on protection against certain types of dismissal (including dismissal during the probationary period, unfair dismissal, dismissal in the event of sickness, dismissal during pregnancy .... (art. 15-6 to 15-11 WEA).
Compensation shall be fixed at the amount the court deems reasonable in view of the financial loss, circumstances relating to the employer and employee and other facts of the case.
Y
Y -In Norway, employee may claim that the dismissal is invalid and request that the employment relationship continues. Such shall be initiated within or 8 weeks from the end of the negotiations between the employer and employee unlike compensation claims for which the timeframe is 6 months (art.17-4(1) WEA).

-When claimed by the employee, a notice of termination may be declared invalid if it is not based on objective grounds or in violation of the provisions on the protection against dismissal in certain cases (pregnancy, sickness, ....).
In the case of a dispute concerning the validity of a notice of termination, the employment may remain in force until the final settlement of the dispute.
In special cases, if so demanded by the employer, the court may decide that the employment shall be terminated if it finds it clearly unreasonable that employment should continue (art. 15-12 WEA).

- According to OECD table on Employment Protection Legislation in Norway (2008), reinstatement orders are fairly frequent in practice.
N N In Norway, most civil disputes are considered initially by the Conciliation Boards (forliksrådet). However, according to Art. 17-1 (3) WEA, the Conciliation Boards do not hear individual complaints related to unlawful dismissals and other claims mentioned in Art. 17-3 WEA. These cases are to be brought before the district court directly. [See also Ch. 6, Art 6-2 (f) of the Mediation and Civil Proceedings Act (No. 28 of 2012) ( Lov om mekling og rettergang i sivile tvister (tvisteloven).]

It is worth noting that according to art. 17-3 WEA, employees claiming that a dismissal with notice or summary dismissal is unlawful, or that it is a breach of the provisions of this Act concerning preferential rights may demand negotiations with the employer within 2 weeks from the date of the dismissal or the date the employer rejected a claim from an employee concerning preferential right to a new post.
The employer has an obligation to ensure that a meeting for negotiations is held as early as possible and, at the latest, within two weeks of receiving the request.
The negotiations must be completed not later than two weeks after the date of the first negotiation meeting unless the parties agree to continue the negotiations.
Y
Y - In Norway, parties may agree to have the dispute settled by arbitration. This is regulated by the Arbitration Act of 2004 (last updated 2017). Section 10 of the Arbitration Act, provides that "the parties may agree to submit to arbitration disputes that have arisen and all or certain disputes that may arise between them in respect of a defined legal relationship.(...)"

- In addition, in respect of the chief executive of the undertaking, Art. 15-16 WEA provides that "the employer may enter into a written agreement with the chief executive of the undertaking to the effect that disputes in connection with termination of the employment relationship shall be settled by means of arbitration".
Y
Y - Individual disputes (for instance dismissal and termination of employment) are handled by ordinary courts (alminnelige domstoler) according to Art 17-1 WEA, the Mediation and Civil Proceedings Act (No. 28 of 2012) and the Courts of Justice Act (No. 5 of 1915).

- According to art. 17-4 WEA, the time period for claiming an unfair dismissal is eight weeks from conclusion of the negotiation between the parties or from the date of the dismissal if no negotiations took place).
- If an employee claims compensation only, the time limit shall be six months. In individual cases, the parties may agree
upon a longer time limit for initiating legal proceedings. If the dismissal does not meet the formal statutory requirements with regard to notice of dismissal, there is no time limit for such claims.

- In Norway, the National Labour Court's jurisdiction is essentially, confined to collective disputes of rights -- not to individual disputes.
There are however, two exceptions:
1)Individual workers (members of trade unions) and employers are liable in damages for breach of a collective agreement or of the peace obligation. Claims for indemnification in such cases lie within the Labour Court's jurisdiction (Sections 9 and 10 of the Labour Disputes Act);
2)In addition, in a case concerning a collective agreement, the Labour Court may give a decision on individual claims being contingent on the decision given on the collective agreement issue at hand. Solely provided that this can be done without it being necessary to resolve further questions on evidence or legal problems in order to dispose of the individual claims. (Section 34 of the Labour Disputes Act (lov om arbeidstvister (arbeidstvistloven) )
N N N N N N
2010 Panama Americas N N Art. 225 LC Y
Y Art. 218 LC: a worker under a contract of unspecifed duration can ask for reinstatement or compensation for unfair dismissal before the Labour Court or the Conciliation Board.
According to art. 219 LC, if reinstatement is ordered by the Court, the employer nonetheless terminate the employment relationship by paying the statutory compensation for unfair dismissal plus a surcharge, calculated as follows:
50%, in addition to the corresponding compensation, for those workers employed in the undertaking at the time the LC entered into force; and
25%, in addition to the corresponding compensation, for those workers who begin working after the LC entered into force, provided that the employer has not established a severance fund.
In addition, wages in arrears are to be paid in the form prescribed by the respective judgment, in accordance with sec. 218 of the LC.
N N No provision found in the legislation reviewed. Y
Y Art. 218 LC: The Labour Tribunals and/or The Conciliation and Decision Boards (junta de conciliación y decisión,) have jurisdiction over claims of unfair dismissal. The "juntas de conciliación y decisión" which are tripartite bodies and are integrated into the "Jurisdiccion Laboral".
N N Y
Y Art. 218 LC: The Labour Tribunals and/or The Conciliation and Decision Boards (junta de conciliación y decisión,) have jurisdiction over claims of unfair dismissal. The "juntas de conciliación y decisión" which are tripartite bodies and are integrated into the "Jurisdiccion Laboral".
N N N N
2019 Peru Americas N N Y
Y - If a dismissal is declared null and void (that means that the dismissal was based on prohibited grounds), reinstatement is mandatory. However, in complying with the decision the worker may opt for compensation instead (art. 34 LPCL)
- There is no right to reinstatement in the event of an arbitrary dismissal (= a valid reason has not been given or cannot be legally substantiated). Compensation is the only available remedy is such case (art. 34 LPCL)
Y
Y - The New Labour Procedure Law [NLPL], No 29497, in force from 15 July 2010 foresees a preliminary mandatory conciliation hearing and contains a much more detailed provision on the modalities of such preliminary hearing (art. 43). Y
Y Arbitration is recognized as a valid labour dispute resolution mechanism under certain conditions in the New Labour Procedure Law of 2010 (applicable from 15/07/2010): see supplementary provision 6). N N Y
Y The New Labour Procedure Law [NLPL], establishes a hierarchy of courts to adjudicate labour disputes, consisting of the Magistrates Courts (Juzgados de Paz Letrados), the Labor Courts of First Instance (Juzgados de Trabajo), the Labour Branches of the High Court (Salas Laborales de la Corte Superior), and the Supreme Court (Corte Suprema). Dismissal cases are heard by the Labour Courts of First Instance (Juzgados de Trabajo). The extinction of the working relationship is observed by Specialized Labour Court as indicated in art. 2 and 51 of the NLPL. N N N N
2013 Philippines Asia N N Y
Y Art. 279 LC: "An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages inclusive of allowance, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement". N N No preliminary mandatory conciliation as such.
However, art. 222 of the LC provides that "the Labour Arbiter shall exert all efforts towards the amicable settlement of a labour dispute within his jurisdiction on or before the first hearing. The same rule shall apply to the Commission in the exercise of its original jurisdiction".
Y
Y Art. 217 a) LC:
The Labour Arbiters of the National Labour Relations Commission have original and exclusive jurisdiction over termination disputes.
Art. 217 b) LC: The National Labour Relations Commission has exclusive appellate jurisdiction over all cases decided by Labour Arbiters.
N N N N Y
Y The Labour Arbiters of the National Labour Relations Commission have original and exclusive jurisdiction over termination disputes.
Art. 217 b) LC: The National Labour Relations Commission has exclusive appellate jurisdiction over all cases decided by Labour Arbiters.
N N
2014 Portugal Europe N N Art. 391 and 392 LC. Y
Y Reinstatement is the ordinary remedy available to the employee in the event of unlawful dismissal (see definition above) in addition to compensation for material and non-material damages unless he/she opts for compensation in lieu of reinstatement (see above).
However in enterprises with fewer than 10 workers or in the event of a worker holding managerial functions, 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. If the employer's request is accepted by the Court, employees will only be entitled to compensation (art. 392 LC)

In addition, reinstatement is not available in the case of minor procedural irregularities (art. 389(1) LC).
Y
Y Preliminary conciliation by the judge is required in the initial phase of the hearings (art. 98 -I of the Code of Labour Procedure, as introduced by the Decree Lay N° 198 of 2009, and art. 52-53 of that Code). N No alternative arbitration. However, there is a national Labour Mediation System the parties can refer their dispute to.
See information found on secondary source (Eurofound, EIROnline, Portugal: Individual disputes at the workplace ' alternative disputes resolution, Author: Reinhard Naumann, 10 February 2010):
On May 5th 2006 the Ministry of Justice and all peak organisations with access to the Standing Commission for Social Concertation (CPCS) signed a protocol for the creation of a Labour Mediation System (SML). In December 2006 the SML began to operate in the Metropolitan Areas of Lisbon and Porto. Since 2007 it has been extended to the complete territory of continental Portugal (except Madeira and the Azores). (...)
The SML is entitled to deal with all kinds of labour disputes, except those related to work accidents and to inalienable and indispensable rights. The Ministry of Justice and UGT give the following examples for the intervention of the SML:
conflicts related to the payment of compensations to be paid to dismissed employees and to other aspects of the cessation of a work contract,disputes regarding the transfer of an employee from one workplace to another or about his/her promotion,disputes about work schedules and the scheduling of company holidays, and
the juridical nature of a work contract.
According to UGT, most of the conflicts resolved by the SML are related to payments (of compensations, salaries etc.).
N N Y
Y The Labour courts have exclusive jurisdiction over dismissal cases (see Code of Labour Procedure and art. 387 LC).
Any legal action challenging the regularity and the fairness of an individual dismissal shall be brought within 60 days of receipt of the dismissal decision or of the date of termination of the contract . (Note that under the 2003 LC, this timeframe was 1 year). The Decre-Law 295/2009 of 13 October 2009 introduced in the Code of Labour Procedure, new proceedins of an urgent nature to be observed in the event of a legal action challenging an individual dismissal (art. 98-B to 98-P LC).

(Any action challenging collective dismissals must be lodged wihin 6 months of the date of termination of the contract: art. 388(2) LC)
N N N N
2017 Romania Europe Y
Y Y
Y Art. 80(2) (former Art. 78.2) LC provides that the court may order reinstatement only if expressly requested by the employee.
The Act No. 40/2011 added a new paragraph to art. 80 LC which reads as follows: "(3) In the case in which the worker does not demand restoring the situation before the redundancy act was issued, the individual employment contract shall rightfully end at the date the court decision remains definitive and irrevocable".
Y
Y On the first hearing, the court is obliged to attempt to settle the dispute by conciliation (art. 76 of the Law no. 168/1999 regarding labour disputes resolution). N The Law no. 168/1999 regarding labour disputes resolution only provides for arbitration as a mean of settlement of conflicts of interests (which do not cover dismissal cases). Dismissal cases which fall within the category of conflicts of rights are settled by the courts. N N Y
Y Based on Law No. 304/2004, specialised sections or panels for settling cases regarding labour disputes and social insurance were established at the tribunals and the courts of appeal.
(The jurisdiction of those sections/panels cover dismissal cases - see art. 281 LC and Act No. 168/1999 on labour disputes resolutions)
N N N N
2019 Russian Federation Europe Y
Y Article 394 of the Labour Code Y
Y Article 394 of the Labour Code N N N Y
Y Article 391 of the Labour Court N N N N N N
2019 Rwanda Africa N N Art. 30 LL. N N However, Art. 22 LL establishes that any employee dismissed for economic or technical reasons, and whose dismissal does not last more than six (6) months is entitled to be reinstated in employment without competition when he/she meets the profile required for the position to which the employer seeks to fill. Y
Y Art. 102 LL:
When an individual labour dispute arises, the concerned party shall request the employees' representatives to settle it amicably.
- In case the dispute is not settled, it shall be referred to the local Labour Inspector for an out-of-court settlement.
- When conciliation efforts fail, the dispute may be taken before the competent court.
- If the above mentioned steps have not been followed, the court may declare the claim inadmissible.
Y
Y Only for collective labour disputes (arts. 144-150 LL) Y
Y N N N N N N
2011 Saint Lucia Americas Y
Y - The CSA does not contain provisions on avenues for redress for unfair dismissal. Non-compliance with procedural requirements is the only aspect covered by the CSA.
Indeed, the CSA refers the determination by a tribunal of "any question (...) as to the right of an employee to a severance payment, or as to the amount of severance payment or to determine whether an employee has complied with an employer's notice". (sec. 26(1)). However, there is no provision on any specific compensation to be awarded by the tribunal in such cases.

- Under the Equality of Opportunity and Treatment in Employment and Occupation Act, an employee who is a victim of any discriminatory act (including discriminatory dismissals), may apply for damages from the employer for any loss caused directly or indirectly as a result of the contravention (sec. 24 (a) EOTEOA). The law does not foresee any cap on such damages.

- See also Section 11 of the Registration, Status and Recognition of Trade Unions and Employers' Organisations Act, for discriminatory dismissal based on trade union membership or activities. This provision does not set any limits on the amount of compensation to be awarded.
Y
Y - Reinstatement is only available as a remedy for discriminatory dismissal under the Equality of Opportunity and Treatment in Employment and Occupation Act.
According to sec. 24(2) (b) of the EOTEOA, an person who is aggrieved by a discriminatory act prohibited under that law (which includes discriminatory dismissal) can apply for "order to employ, re-employ or reinstate any person, although the vacancy in question has already been filled and although the employer may be liable to any claim arising from the need to dismiss or terminate the services of any other employee who has been engaged".
- According to section 11(5) of the Registration, Status and Recognition of Trade Unions and Employers' Organisations Act, if the Industrial Relations Tribunal finds that an employee has been dismissed on the grounds on his/her trade union membership or activities, the employee is entitled to reinstatement, along with any remedy deemed appropriate, unless reinstatement is not reasonable practicable.
- As already indicated, the provision of the CSA on avenues for redress only refers to the determination by a tribunal of "any question (...) as to the right of an employee to a severance payment, or as to the amount of severance payment or to determine whether an employee has complied with an employer's notice" (sec. 26(1)). The CSA is silent as to the remedies available in such cases, and therefore reinstatement does not seem to be available to the employee.
N N No information found in the CSA or the EOTEOA .

The TUEOA (which deals with dismissal based on trade union activities/membership) provides for the possibility to settle the dispute by conciliation mediation or arbitration of the parties so agree. In such cases, the Industrial Relations Tribunal would only be competent in the event of failure to obtain settlement of the dispute through conciliation mediation or arbitration (sec. 7).
Y
Y No provision found as to the settlement of dismissal disputes through arbitration in the CSA and the EOTEOA.
However, the TUEOA (which deals with dismissal based on trade union activities/membership) provides for the possibility to settle the dispute by conciliation mediation or arbitration of the parties so agree. In such cases, the Industrial Relations Tribunal would only be competent in the event of failure to obtain settlement of the dispute though conciliation mediation or arbitration (sec. 7).
Y
Y - CSA, sec. 26(1): "Any question arising under this Part as to the right of an employee to a severance payment, or as to the amount of severance payment or to determine whether an employee has complied with an employer's notice, shall, in accordance with the regulations made under this Part be referred to and determined by a tribunal".
- The remedial provision of EOTEOA (which covers discriminatory dismissals) refers to "any court of competent jurisdiction" (sec. 24).

- However, pursuant to the Registration, Status and Recognition of Trade Unions and Employers' Organisations Act, the Industrial Relations Tribunal (which is a specialized tripartite body) is competent to hear disputes over dismissals of employees on account of their trade union membership of their pursuit of lawful trade unions activities (sec. 11 and 45).
Y
Y - CSA, sec. 26(1): "Any question arising under this Part as to the right of an employee to a severance payment, or as to the amount of severance payment or to determine whether an employee has complied with an employer's notice, shall, in accordance with the regulations made under this Part be referred to and determined by a tribunal".
- The remedial provision of EOTEOA (which covers discriminatory dismissals) refers to "any court of competent jurisdiction" (sec. 24).

- However, pursuant to the Registration, Status and Recognition of Trade Unions and Employers' Organisations Act, the Industrial Relations Tribunal (which is a specialized tripartite body) is competent to hear disputes over dismissals of employees on account of their trade union membership of their pursuit of lawful trade unions activities (sec. 11 and 45).
N N N N
2017 Saudi Arabia Arab States Y
Y Art. 77 LL: "If the contract is terminated for an invalid reason, the party who is harmed by such termination shall be entitled to indemnity to be assessed by the Commission for the Settlement of Labor Disputes, taking into account the termination circumstances and actual and potential material and moral damages sustained". Y
Y Art. 78 LL. Y
Y Prior to referrimg any dispute to the Commission (acting as a Labour Court), it shall be brought to the labour office which shall attempt to settle it amicably (art 220 LL).
No information available as to any mandatory conciliation before the Commission for the Settlement of Labour Disputes.
Y
Y Art. 224 LL: The parties can agree to settle the dispute through arbitration. N N Y
Y Art. 77 LL & art. 210 to 228 LL on labour disputes settlement.
The competent body is the Commission for the Settlement of Labour Disputes which is part of the judiciary.
The Commission can only be seized after the amicable settlement before the labor office has failed.
N N N N
2019 Senegal Africa Y
Y Art. L56 LC Y
Y Art. L217 LC. Reinstatement when a worker's representative has been dismissed without prior authorization from the Labour Inspector.
Y
Y Art. L251 LC: conciliation is part of the procedure to be followed before the labour courts. N N N Y
Y Art. L229 LC N N N N
2017 Serbia Europe N N Art. 191 LL. Y
Y Art. 191 ParagraphParagraph 1-2 LL.
Note that, when reinstatement is ordered, the employer shall also pay compensation for the lost salary and other emoluments which the employee is legally entitled to.
N N Y
Y Termination of employment disputes can be settled through arbitration: Art. 194 LL and art. 30 Act on Peaceful settlement of Labour Disputes. Y
Y Art. 21 of the Law on Organization of Courts (2002): the municipal court has jurisdiction to hear termination of employment disputes at first instance. N N N N N N
2019 Singapore Asia Y
Y Sec. 14 (4) EA: If the Minister of Manpower considers the dismissal to be unfair, he may:
1) order reinstatement and payment of wages the employee would have earned had he or she not been dismissed, or in lieu if reinstatement
2) direct the employer to pay such amount of compensation as freely determined by the Minister.

Y
Y Sec. 14 (4) a) EA: If after consideration of the Labour Commissioner's inquiry, the Minister of Labour is satisfied that the employee has been dismissed (on the grounds of misconduct) without "just cause or excuse", he may order reinstatement. N N No statutory provision in the legislation reviewed. N N N N N Y
Y An employee who considers that he or she has been summarily dismissed on the grounds of misconduct without just cause or excuse may, within one month of the dismissal and in writing, seek reinstatement (and/or compensation) from the Minister of Manpower (sec. 14 (2) EA. The decision of the Minister is final and cannot be challenged in any court (sec. 14(5), EA).


N N
2012 Slovakia Europe Y
Y See sec. 79 (1) and (2) LC. Y
Y Reinstatement is the rule if the employee insists on continuing the employment relationship unless the courts decides that "it cannot be justly required of the employer to further employ the employee": sec. 79 (1) LC.
If termination is invalid but the employee does not insist on further continuing the employment relationship, it will be deemed to have been terminated by mutual agreement: sec. 79 (3) LC.
N N No statutory provision found in the legislation reviewed. Y
Y No statutory provision found in the LC.
However, mediation is foreseen by Act no. 420/2004 since 1 September 2004 as a method for out-of-court resolution of individual labour disputes.

See secondary sources: http://www.eurofound.europa.eu/eiro/studies/tn0910039s/sk0910039q.htm (Eurofound)
http://ec.europa.eu/civiljustice/adr/adr_svk_en.htm (European Commission, European Judicial Network)
Y
Y Sec. 77 LC.
Sec 9 LC.
N N N N N N
2012 Slovenia Europe N N Y
Y Art. 118 ERA: As a consequence of the court's decision finding the dismissal illegal, the worker is restored to his position unless he does not wish to continue the employment relationship and/or the court considers that continuation would no longer be possible. Y
Y Article 26 (2) of the Labour and Social Courts Act, stipulates that there is a pre-trial phase in which the President of the Judicial Senate works toward mediation/conciliation. If this fails, proceedings move to the adjudicatory phase. Y
Y Art. 205 ERA: A collective agreement may provide for the settlement of individual labour disputes by arbitration.
See also art. 228 ERA: Mediation by the labour inspector.
N N Y
Y Art. 204 ERA N N N N
2019 South Africa Africa N N See sec. 194 LRA. Y
Y Sec. 193(1) a) and (2) LRA.
Reinstatement or re-employment is mandatory unless:
(a)the employee does not wish to be reinstated or re-employed;
(b)the circumstances surrounding the dismissal are such that a continued employment relationship would be intolerable;
(c)it is not reasonably practicable for the employer to reinstate or re-employ the employee; or
(d)the dismissal is unfair only because the employer did not follow a fair procedure.
Y
Y Pursuant to sec. 191 LRA, within 30 days of the date of the dismissal, the employee may refer the dispute about the fairness of the dismissal to a special bargaining council or to the Commission for Conciliation, Mediation and Arbitration, if no council has jurisdiction which must attempt to resolve the dispute through conciliation. If the council or the Commission does not succeed in resolving the dispute through conciliation, it is referred to arbitration by the Commission or adjudication by the Labour Court depending on the nature of the dispute (see below). Y
Y See sec. 191 5 (a) LRA on mandatory arbitration.
the bargaining council or CCMA for arbitration if (i) the employee has alleged that the reason for dismissal related to the employee's conduct or capacity, (ii) the employee has alleged that the reason for dismissal is that the employer made continued employment intolerable or the employer provided the employee with substantially less favourable conditions or circumstances at work after a transfer, (iii) the employee does not know the reason for dismissal; (iv) the dispute concerns an unfair labour practice.
N N Y
Y The LRA establishes an independent, tripartite Commission for Conciliation, Mediation and Arbitration (CCMA) [see below] and a Labour Court (Chapter VII of the LRA) which both have jurisdiction over disputes of unfair dismissals depending on the nature of those dismissals (see sec. 191 (5) LRA.)
If conciliation fails, the dispute will be referred to the Labour Court for adjudication if the employee has alleged that the reasons for dismissal are: (i) automatically unfair (see prohibited grounds); (ii) based on the employer's operational requirements (includes economic reasons); (iii) the employee's participation in a strike; or (iv) because the employee refused to join, was refused membership of or was expelled from a trade union party to a closed shop agreement.

In addition, sec. 191(6) LRA states that the director of the Commission must refer the dispute to the Labour Court, if the director decides, on application by any party to the dispute, that to be appropriate after considering-
(a) the reason for dismissal;
(b) whether there are questions of law raised by the dispute;
(c) the complexity of the dispute;
(d) whether there are conflicting arbitration awards that need to be resolved;
(e) the public interest.

In the case of dismissals adjudicated by the Labour Court, an appeal against the decision of the Court is possible. Appeals from the Labour Court will be heard by the Labour Appeal Court.

Common law claims for breach of contract in the ordinary civil courts are also possible.
N N N N
2019 Spain Europe N N See art. 56(1) ET. Y
Y - In the event of unfair dismissal ("despido improcedente"), the employer may choose between reinstating the employee or paying compensation for unfair dismissal (art. 56(1) ET).
However, if the dismissed employee is a workers' representative, the choice between reinstatement and compensation shall be made by the employee. Therefore reinstatement of a workers' representative is mandatory if so requested (art. 56(4) ET).
- Reinstatement is mandatory in the event of discriminatory dismissal or dismissal based on maternity-related grounds (art. 53(4), 55(5) and 55(6) ET.
Y
Y -Art. 63 LPL: Preliminary conciliation at the competent service of the labour administration is mandatory before the dispute can reach the labour court.
- In addition, the parties can resort to judicial conciliation at the labour court in the beginning of the proceedings, before the trial starts, see art. 84 LPL
Y
Y "With respect to other ways of out-of-court [individual] conflict resolution processes, their establishment in the state and the Autonomous Communities was carried out through agreements between the most representative union and employers' organisations, establishing the type of mediation and the arbitration as procedures (some Communities also include conciliation). Therefore, since the early nineties procedures have been developed for resolving conflicts of this nature, first in the historical communities (Basque Country, Catalonia and Galicia), and then in all the others, and joint institutions were created normally consisting of a department or section in the Autonomic Administration. Similarly, since 1996 there has been the Agreement on the Extrajudicial Resolution of Labour Conflicts (Acuerdo de Solución Extrajudicial de Conflictos, ASEC) at the national level, signed this year and renewed in 2009 to last until 2012, by the UGT, CCOO (the unions), CEOE and CEPYME (the employers' organisations). This agreement opened the doors to the creation of the private foundation administered by the Interconfederal Service of Mediation and Arbitration (SIMA), financed entirely by the state, but managed autonomously by the social partners. Its services are free, just like those of the joint institutions of the communities, but they are distinguished as focusing only on collective conflicts." This agreement was renewed in 2012 by the V Agreement on the Autonomous Resolution of Labour Conflicts – Extrajudicial System (V Acuerdo sobre solución autónoma de conflictos laborales – Sistema Extrajudicial).


Source: Pablo Sanz de Miguel and Maria Caprile, "Spain: Individual disputes at the workplace - alternative disputes resolution" available on the EIRO website at: http://www.eurofound.europa.eu/eiro/studies/tn0910039s/es0910039q.htm
N N Y
Y The Labour Courts have jurisdiction over individual labour disputes arising from the employment contract. (see the Labour Procedure Law, art. 2(a); see also the specific provisions on dismissal: art. 103- 124 LPL).
Complaints relating to both disciplinary and objective dismissal shall be lodged within 20 days of the dismissal (art. 103 and 121 LPL).
The Labour Courts system is organized as follows:
The labour courts (Juzgados de lo Social) are the court of first instance for labour disputes arising at the provincial level. The employment divisions of the higher courts (Sala de lo Social de los Tribunales Superiores de Justicia) have jurisdiction over labour disputes whose scope is greater than a province, but within a region (or autonomous community), and their judgments can be appealed. The employment division of the National Court (Sala de lo Social de la Audiencia Nacional) hears labour disputes whose scope is greater than an autonomous community. The employment division of the Supreme Court hears appeals of decisions of the employment divisions of the National Court and of the higher courts.
N N N N
2013 Sri Lanka Asia N N 1) No compensation in lieu of reinstatement awarded by the Labour Commissioner under the TEWA except in the event of closure of the enterprise, in which case compensation awarded is subject to legal limits (secs. 5, 6 and 6A TEWA - see below).

2) Under the IDA, there are no limits on compensation awarded by the Labour Tribunal: see sec. 31C(4) and 31C(6)(c).
Y
Y Sec 5 TEWA: termination by the employer in violation of the provision of the TEWA shall be illegal, null and void.
Sec. 6 TEWA: Reinstatement.
N N - No conciliation foreseen under the TEWA.
- Under the IDA, industrial disputes can be settled by conciliation by the labour commissioner. However, such conciliation is not mandatory (sec. 3, secs. 11 to 15 IDA).
Y
Y - No arbitration under the TEWA. Disputes regarding terminations in violation of the approval requirement of that Act
are heard by the Labour Commissioner (sec. 6 TEWA)
However, sec. 6B provides that the TEWA shall not be construed as affecting the rights of a workman whose employment has been terminated to apply for any other legal remedy in respect of such termination or as affecting the jurisdiction of any court, tribunal or institution to grant relief in respect of such termination.
- Under the IDA, industrial disputes can be referred to arbitration by the labour Commissioner if the parties so agree, or by the Minister of Labour without prior consent of the parties if he or she considers that industrial dispute to be of a minor nature. (sec. 3(1) and 4(1) IDA).
Industrial dispute is defined under sec. 48 IDA as "any dispute or difference between an employer and a workman or between employers and workmen or between workmen and workmen connected with the employment or non-employment, or the terms of employment, or with the conditions of labour, or the termination of the services, or the reinstatement in service, of any person and for the purposes of this definition " workmen " includes a trade union consisting of workmen ".
The IDA expressly specifies that industrial dispute arising from retrenchment may be settled by arbitration (sec. 31H)
N N Y
Y - Complaints alleging any violation of the TEWA shall be brought before the Labour Commissioner within 6 months from the date of the dismissal (sec. 6 and sec. 6B TEWA, as amended in 2008 (previously 3 months).
Complaints relating to the enforcement of the Labour Commissioner's payment orders rest with the Magistrate's Court.
- Pursuant to the IDA, the labour tribunals have jurisdiction over applications concerning employment termination by the employer and payment of gratuity or other benefits arising from that termination provided that such applications are made within 6 months from the date of termination (sec. 31B(1) and sec. 31B(7) IDA, as amended in 2008 (previously 3 months).
Y
Y - Complaints alleging any violation of the TEWA shall be brought before the Labour Commissioner within 6 months from the date of the dismissal (sec. 6 and sec. 6B TEWA, as amended in 2008 (previously 3 months).
Complaints relating to the enforcement of the Labour Commissioner's payment orders rest with the Magistrate's Court.
- Pursuant to the IDA, the labour tribunals have jurisdiction over applications concerning employment termination by the employer and payment of gratuity or other benefits arising from that termination provided that such applications are made within 6 months from the date of termination (sec. 31B(1) and sec. 31B(7) IDA, as amended in 2008 (previously 3 months).
N N
2017 Sweden Europe N N Y
Y If an employee has been dismissed, without the dismissal being justified by an objective reason, the employee is according to sec. 34 EPA upon request, entitled to have the dismissal annulled. If the court rules that the dismissal is invalid, the employment continues on the same terms as before. Sec. 37 EPA states that if the Court has ruled that the dismissal is invalid, the employer may not suspend the employee from work as a consequence of the circumstances that caused the notice of termination or summary dismissal.

Sec. 34 EPA: “Where notice of termination is given without objective grounds, the notice shall be declared invalid upon the application of the employee. However, the above-mentioned provision shall not apply where the notice of termination is challenged solely on the grounds that it is in breach of the rules regarding priority.
If a dispute arises concerning the validity of a notice of termination, the employment shall not terminate as a consequence of the notice prior to the final adjudication of the dispute. Nor may the employee be suspended from work as a consequence of the circumstances that caused the notice to be given, in the absence of special reasons for such. The employee shall be entitled to pay and other benefits under Sections 12 - 14 for the duration of the employment.
Pending final adjudication of the dispute, a court may rule that employment will terminate at the expiration of the period of notice, or at a later time determined by the court, or that a current suspension shall be discontinuedu201d.

Sec. 37 EPA: “Where a court has issued a final order that a notice of termination or a summary dismissal is invalid, the employer may not suspend the employee from work as a consequence of the circumstances that caused the notice of termination or summary dismissalu201d.
Y
Y The Labour Disputes Act (1974:371) requires the trade union and the employer or the employers' organization to have completed negotiations before bringing an action to court. However, the right to negotiate does not apply to individual employees. Source: Jenny Julén Votinius, Sweden, in ILO (eds. Ebisui, M; Cooney, S; Fenwick, C), 2016, Resolving Individual Labour Disputes, A comparative overview, at pp.241-242. Available at: http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/publication/wcms_488469.pdf

Ch.4, sec. 7 Labour Disputes Act (1974:371): “An action may not be considered by the Labour Court before such negotiations in respect of the issue in dispute as may be requested under the Employment (Codetermination in the Workplace) Act (1976:580) or as are provided for in a collective bargaining agreement, have taken place.
The provisions of the first paragraph shall not apply to actions under Section 31, first or third paragraph, of the Employment (Co-determination in the Workplace) Act (1976:580), nor to any dispute as to whether an industrial action has been taken in breach of a statute or collective bargaining agreement, nor to any dispute concerning the sanctions for such action. However, in cases referred to in Section 43 of the Employment (Co-determination in the Workplace) Act (1976:580) where the duty of the deliberation has not been discharged, the Labour Court may not consider the dispute before this is done.
Notwithstanding the provisions of the first and second paragraphs, an action may be considered as regards an interim order pending a judgment or decision in the case entering into final legal force. Following such examination, a stay of proceedings shall be ordered pending the completion of negotiations or deliberations concerning the issue in dispute, under the first or second paragraph. The case may not be finally determined until such negotiations or deliberations have been concluded.
Where negotiations or deliberations as referred to in the first or second paragraph have not taken place, the claim may nevertheless be considered by the court if there is some impediment to such negotiations or deliberations which is not attributable to the plaintiff (SFS 1992:441)u201d.

The Employment (Co-determination in the Workplace) Act sets out the legal framework for trade union negotiations. Sec. 10 of the Employment (Co-determination in the Workplace) Act: “An employees' organisation shall have the right to negotiate with an employer on any matter relating to the relationship between the employer and any member of the organisation who is, or has been, employed by that employer. An employer shall have an equivalent right to negotiate with an employees' organisation.
Employees' organisations shall also have the right to negotiate, in accordance with the first paragraph, in relation to any organisation of which the employer is a member, and similarly employers' organisations in relation to any organisation of which the employee is a memberu201d.
Y
Y Labour disputes may be settled through arbitration by agreement. However, certain restrictions apply, such as the restrictions set out in ch.1 sec.3 of the Labour Disputes Act (1974:371).

“In most areas, arbitration is a permitted alternative to judicial review in individual labour disputes. The only general exception is discrimination cases, where there is a prohibition on arbitration clauses that have been concluded prior to the dispute, and that deny the parties the possibility to appeal the arbitral award. In other disputes, an arbitration clause is normally valid provided that it is not deemed unreasonable, which is very unusualu201d. “In individual employment contracts, arbitration clauses typically appear in the contracts of employees holding prominent positions, mainly CEOs. For other categories of employees, it is very unusual for an individual employment contract to stipulate that future disputes shall be made subject to arbitrationu201d. Source: Jenny Julén Votinius, Sweden, in ILO (eds. Ebisui, M; Cooney, S; Fenwick, C), 2016, Resolving Individual Labour Disputes, A comparative overview, at pp.255-256. Available at: http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/publication/wcms_488469.pdf

Ch.1. sec.3 of the Labour Disputes Act (1974:371): “Disputes to be dealt with under this Act may by agreement be referred for determination by an arbitrator instead. However, this shall not apply to cases referred to in Section 31, first or third paragraph, of the Employment (Co-determination in the Workplace) Act (1976:580). Nor shall any agreement that was concluded prior to the dispute whereby any dispute should be determined by an arbitrator without reservation of the right of the parties to challenge the arbitral award be applied in disputes concerning the right of association or in disputes under
– the Prohibition of Discrimination of Employees Working Part Time and Employees with Fixed-term Employment Act (2002:293); or
– the Discrimination Act (2008:567). (SFS 2008:574)u201d.

Sec. 31 of the Employment (Co-determination in the Workplace) Act (1976:580): “Where an employer, employee or organisation bound by a collective bargaining agreement has committed a gross breach of such an agreement or of this Act and where such provisions have a fundamental significance on the contractual relationship as a whole, a court may, upon motion of the other party, declare that a collective bargaining agreement by which the parties are bound is no longer applicable to such parties.

Where a collective bargaining agreement has been concluded by several parties on either side or on both sides and where a declaratory judgment has been made under the first paragraph of this Section in respect of only some of them, any other party may, within three weeks thereafter, terminate the agreement on its own behalf with immediate effect.

Where a court determines that particular actions are contrary to a collective bargaining agreement or to this Act, it may, upon application, release an employer, employee or organisation from its obligations under the collective bargaining agreement or this Act, to the extent it cannot be reasonably required that such obligations be fulfilled (SFS 1977:532)u201d.
Y
Y The Labour Court has jurisdiction over labour disputes provided that the parties are bound by collective agreements and that they are members of an employers' association or a trade union. If individual workers want to bring a case on their own, without support from their trade union or because they do not belong to a union, they can only do so in a district court. Note that in Sweden, around 70 % of workers are union members.

Ch. 2 sec. 1 of the Labour Disputes Act (1974:371): “The Labour Court shall, as a court of first instance, take up and determine any dispute where the action is brought by an employers’ or employees’ organisation, or by an employer who has concluded its own collective agreement, where the case involves:
1. a dispute relating to a collective agreement or any other labour dispute referred to in the Employment (Co-determination in the Workplace) Act (1976:580);
2. any other labour dispute, provided that a collective agreement is in force between the parties or that an individual employee who is affected by the dispute is employed for work covered by a collective agreement that is binding on the employer.
The Labour Court is the competent court under the first paragraph even when a collective agreement is temporarily suspended.
Any other labour dispute between the same or other parties may be consolidated with a labour dispute under the first or second paragraph, if the Court considers such processing appropriate having regard to the material presented and other circumstances. The Court may separate the cases again if there are grounds to do so.
The Labour Court is always competent as a court of first instance to take up and determine disputes concerning industrial action referred to in Sections 41, 41b and 41c of the Employment (Co-determination in the Workplace) Act (1976:580)” (SFS 2010:230)

Ch. 2 sec. 2 of the Labour Disputes Act (1974:371): “Labour disputes other than those referred to in Section 1 shall be dealt with and determined by a district court.
Actions referred to in Section 1 which are brought by an employer who has himself concluded a collective bargaining agreement, or by an employers' or employees' organisation on its own behalf, may be brought at a district court instead of the Labour Non-official translation Court. Where the defendant is an organisation, or where the dispute would have been commenced against an organisation under Chapter 4, Section 5, second paragraph, if the dispute had been commenced before the Labour Court, the foregoing shall apply only in accordance with such agreement as referred to in Chapter 10, Section 16 of the Code of Judicial Procedure.
In a labour dispute under the first or second paragraph of this Section, the employer may be proceeded against at the court in the district in which the employee is resident (SFS 1977:530)”.

Y
Y The Labour Court has jurisdiction over labour disputes provided that the parties are bound by collective agreements and that they are members of an employers' association or a trade union. If individual workers want to bring a case on their own, without support from their trade union or because they do not belong to a union, they can only do so in a district court. Note that in Sweden, around 70 % of workers are union members.

Ch. 2 sec. 1 of the Labour Disputes Act (1974:371): “The Labour Court shall, as a court of first instance, take up and determine any dispute where the action is brought by an employers’ or employees’ organisation, or by an employer who has concluded its own collective agreement, where the case involves:
1. a dispute relating to a collective agreement or any other labour dispute referred to in the Employment (Co-determination in the Workplace) Act (1976:580);
2. any other labour dispute, provided that a collective agreement is in force between the parties or that an individual employee who is affected by the dispute is employed for work covered by a collective agreement that is binding on the employer.
The Labour Court is the competent court under the first paragraph even when a collective agreement is temporarily suspended.
Any other labour dispute between the same or other parties may be consolidated with a labour dispute under the first or second paragraph, if the Court considers such processing appropriate having regard to the material presented and other circumstances. The Court may separate the cases again if there are grounds to do so.
The Labour Court is always competent as a court of first instance to take up and determine disputes concerning industrial action referred to in Sections 41, 41b and 41c of the Employment (Co-determination in the Workplace) Act (1976:580)” (SFS 2010:230)

Ch. 2 sec. 2 of the Labour Disputes Act (1974:371): “Labour disputes other than those referred to in Section 1 shall be dealt with and determined by a district court.
Actions referred to in Section 1 which are brought by an employer who has himself concluded a collective bargaining agreement, or by an employers' or employees' organisation on its own behalf, may be brought at a district court instead of the Labour Non-official translation Court. Where the defendant is an organisation, or where the dispute would have been commenced against an organisation under Chapter 4, Section 5, second paragraph, if the dispute had been commenced before the Labour Court, the foregoing shall apply only in accordance with such agreement as referred to in Chapter 10, Section 16 of the Code of Judicial Procedure.
In a labour dispute under the first or second paragraph of this Section, the employer may be proceeded against at the court in the district in which the employee is resident (SFS 1977:530)”.

N N N N
2019 Switzerland Europe N N N N N N Y
Y Y
Y Art. 34 du Code de procédure civile (2008) Y
Y Art. 34 du Code de procédure civile (2008) N N N N
2013 Syrian Arab Republic Arab States N N Y
Y Art. 209 LL: the employer shall be ordered to pay compensation to the worker unless he or she accepts to reinstate the worker.

However, under art. 67 LL, if the unfair dismissal was based on prohibited grounds (i.e trade union activities, lodging a complaint against the employer, discriminatory grounds...), the court shall order the reinstatement of the worker in addition to his/her full wages for the entire interruption period.
If the court deems that reinstatement is impossible, unpractical or inappropriate because the employer refuses to reinstate the worker or the worker refuses to resume work, it shall order compensation in lieu of reinstatement except if the dismissal was connected to the worker's trade union activities or electoral activities.
N N No preliminary mandatory conciliation.
However, under art. 208 LL, in the event of a dismissal dispute, the worker or the trade union concerned may, upon request of the worker, solicit mediation by the Directorate of Social Affairs and Labour, within ten days of being notified the dismissal or dismissal notice.
The directorate acts as a mediator between the employer and the worker, and attempts to settle the dispute within no later than one month. If mediation fails, the worker is entitled to go to court.
Y
Y N N Y
Y Article 205 LL: A primary civil court shall be created in each governorate by decision of the Minister of Justice and shall consist of:
1) A primary magistrate appointed by the Minister of Justice (chairman)
2) A representative of the trade union association, appointed by the executive bureau of the GFTU (member).
3) A representative of employers, appointed by the Federation of Chambers of Industry, Commerce, Tourism or Cooperatives (as the case may be) to examine labour disputes between workers and employers (member).

N N N N
2015 Tajikistan Europe Y
Y Art. 197 LC Y
Y In the event of termination without legal justification or in breach of the order of dismissal or unlawful transfer to another job the employee must be reinstated in his/her previous job at the same workplace. In reaching a decision on reinstatement the court is considering the labor dispute, and can order employer to pay the employee the average monthly wage for the time of enforced idleness, or the difference in pay for run-time paid job, as well as possible compensation for moral damages and additional costs of the appeal or of the transfer or dismissal. (art. 197 LC) N N Y
Y Labour arbitration exists for both individual and collective labour disputes. Article 209 LC contains provisions on labour arbitration. The structure of labor arbitration may include parliamentarians, representatives of trade union bodies, labor and employment experts - experts and other persons, and its composition is determined by the parties. Labor arbitration decisions are binding unless the parties previously entered into an agreement about this. If the conciliation commission and labor arbitration are not able to resolve the differences of the parties, the reasons must be in writing communicated to the union. Y
Y N N N N N N
2019 Tanzania, United Republic of Africa N N Art. 40(1)c) ELRA (see below: minimum 12 months' pay). Y
Y Art 40(1)a) ELRA: If the labour court or an arbitrator finds the dismissal unfair, the court or the arbitrator may order the employer to reinstate the employee from the date the employee was terminated without loss of remuneration during the period
that the employee was absent from work due to the unfair
termination. They can also order the employer to re-engage the employee on any terms by them decided (art. 40(1)c) ERA).
N N No preliminary mandatory conciliation as such.
However, the ELRA provide for an optional preliminary mediation: an employee who wishes to contest a dismissal may refer the dispute to the Commission for Mediation and Arbitration established under section 12 of the Labour Institutions Act of 2004 (No. 7). The Commission will appoint a mediator to mediate the dispute, decide the time, date and place of the mediation hearing and advise the parties of this. (art. 86(3) ELRA). The mediator should resolve the matter within thirty days of the referral or longer if the parties agree to it. Where the mediator fails to resolve the complaint within the agreed upon period of time, it is referred to either arbitration or to the Labour Court. The Labour Court may refuse to hear a complaint if the complaint has not been referred to mediation, if the mediation has not been conducted according to the ELRA, or if the application is not urgent (art. 94(2) ELRA).
Y
Y In the event the mediator fails to resolve the dispute, it is referred to either arbitration or to the Labour Court (art. 86(7) ELRA)
For the purposes of arbitration, a dispute is defined to include a complaint over the fairness or lawfulness of an employee's termination of employment (Art. 88(1)b) ELRA).
N N Y
Y Where the mediator fails to resolve the complaint within the agreed upon period of time, it is referred to either arbitration or to the Labour Court (see art. 40 ELRA: remedies for unfair termination to be awarded by the Labour Court or an arbitrator).
The Labour Court means the Labour Division of the High Court established under section 50 of the Labour Institutions Act, 2004 (art. 4 ELRA).
The Labour Court which has exclusive jurisdiction over the application, interpretation and implementation of provisions of the ELRA, may refuse to hear a complaint if the complaint has not been referred to mediation, if the mediation has not been conducted according to the ELRA, or if the application is not urgent (art. 94 ELRA).
N N N N
2019 Thailand Asia Y
Y Art. 49 ALC: If the labour court rules that the dismissal was unfair but considers that the cooperation between employer and employee has been disrupted beyond repair, the court may fix an amount of damages as compensation to be paid by the employer in lieu of reinstatement by taking into consideration the age of the employee, the length of service, the hardship of the employee at the time of dismissal, the cause of the dismissal and the compensation the employee is entitled to receive.

Y
Y Art. 49 ALC: If the labour court considers that an employee has been unfairly dismissed, it may order reinstatement at the level of remuneration applying at the time of dismissal. Y
Y Art. 38 ALC provides that "when the plaintiff and the defendant appear in court, the labor court shall mediate the parties to reach an agreement or a compromise". If the parties fail to reach an agreement or a compromise, the labor court shall proceed with the trial. N No information found. N N Y
Y - Disputes regarding termination of employment must be brought before a labour court (see arts. 8 and 49 ALC)
- However, if an employee was dismissed following an unfair practice (i.e termination on the grounds of trade union activities or membership), he may file a complaint with the Labour Relations Committee within 60 days of the violation (art. 124 LRA). This Committee will issue an award and an order within a further 90 days, The employee can also file a criminal complaint against the employer, but only after the Labour Relations Committee has passed an arbitration award and the employer has failed to comply with the Committee's order. (art. 127, LRA). An employer who violates the prohibition of termination of employment contained in the LRA (art. 121, 122 and 123 LRA on unfair practices) shall be liable to a term of imprisonment not exceeding 6 months and/or to a fine not exceeding ten thousands Baths (see arts. 158 and 159 LRA)
[The Labour Relations Committee is established within the Ministry of Labour and Social Welfare (art. 8, LRA) to settle particular labour disputes with an award. It is composed of between eight and 14 members, three of whom must be employers' representatives and three employees' representatives (art. 37, LRA).]
Y
Y - Disputes regarding termination of employment must be brought before a labour court (see arts. 8 and 49 ALC)
- However, if an employee was dismissed following an unfair practice (i.e termination on the grounds of trade union activities or membership), he may file a complaint with the Labour Relations Committee within 60 days of the violation (art. 124 LRA). This Committee will issue an award and an order within a further 90 days, The employee can also file a criminal complaint against the employer, but only after the Labour Relations Committee has passed an arbitration award and the employer has failed to comply with the Committee's order. (art. 127, LRA). An employer who violates the prohibition of termination of employment contained in the LRA (art. 121, 122 and 123 LRA on unfair practices) shall be liable to a term of imprisonment not exceeding 6 months and/or to a fine not exceeding ten thousands Baths (see arts. 158 and 159 LRA)
[The Labour Relations Committee is established within the Ministry of Labour and Social Welfare (art. 8, LRA) to settle particular labour disputes with an award. It is composed of between eight and 14 members, three of whom must be employers' representatives and three employees' representatives (art. 37, LRA).]
N N
2019 Tunisia Africa N N See art. 23bis LC. N N A worker who is unfairly dismissed cannot claim to be reinstated into the enterprise. Compensation is the only remedy for unfair dismissal (art. 23 LC).
However, article 21-13 of the Labour Code provides for the possibility of re-employment of workers whose employment contracts have been terminated as a result of the loss of their jobs for economic reasons.
__________
Un travailleur licencié injustement ne peut prétendre être réintégré dans l'entreprise. L'indemnisation est le seul recours en cas de licenciement abusif (art. 23 LC).
Toutefois l'article 21-13 du Code du travail prévoit la possibilité du ré-embauchage des travailleurs dont les contrats de travail auront été résiliés du fait de la suppression de leurs emplois pour des raisons économiques.
Y
Y Preliminary mandatory attempt of conciliation before the Labour Court (Conseil de prud'hommes): art. 207 LC.
________________
Tentative de conciliation préalable obligatoire auprès du Conseil de Prud'hommes (Art. 207 du Code du travail)-
N N N Y
Y A specialized labour court (Conseil de prud¿hommes) which is of tripartite composition has jurisdiction over individual labour disputes. Appeals against its decisions are heard by the ordinary Courts of Appeal (arts. 183 and 221 LC).
__________
Un Conseil de prud'hommes spécialisé, de composition tripartite, est compétent pour les conflits individuels du travail. L'appel des jugements des conseils de prud'hommes rendus en premier ressort est porté devant les cours d'appel (art. 183 et 221 du Code du travail).
N N N N
2019 Turkey Europe N N Y
Y Art. 21 LA: If the court or the arbitrator concludes that termination is not justified by a valid reasons, the employer shall reinstate the employee. Reinstatement is only available (and mandatory) for employees covered by the job security provision. In practice, the employer has the right to choose between reinstatement and compensation. Accordingly, after the court's decision on the invalidity of the termination, if the employer does not re-employ the worker within one month, the employer becomes liable to pay a compensation equal to minimum four and maximum eight months of wage to worker.

Discriminatory dismissal can give right to reinstatement for employees covered by the job security provision. Art 18 LA clearly provides that the following issues shall not constitute a valid reason for termination namely: "race, color, sex, marital status,u2026and similar reasonsu201d. Besides, according to the Law No 6356, dismissal based on trade union membership or activities do give right to reinstatement even if the worker is not covered by the job security provision of the LA. (Art 25 (5)).
Y
Y
Y
Y According to Art. 20 LA which applies to employees covered by the job security provision, the parties can refer the dispute concerning unjustified termination to private arbitration if they so agree. N N Y
Y Art. 20 LA: The employee who alleges that no reason was given for the termination of his employment contract or who considers that the reasons shown were not valid shall be entitled to lodge a complaint against that termination before the Labour Court within one month of receiving the notice of termination.
See also the Labour Court Act (No. 5521 of 1950) which establishes jurisdiction of the labour courts over individual disputes arising from the individual employment contracts or any claims under the Labour Act.
N N N N
2019 Turkmenistan Europe Y
Y Art. 56 LC Y
Y Art. 56 LC N N N Art. 370 LC established the order of creating a commission for labour disputes (collective). Y
Y N N N N N N
2019 Uganda Africa N N Free determination (not by the Labour Cout but) by the Labour Officer:
Art. 78 EA provides that an order of compensation to an employee who has been unfairly terminated may include additional compensation at the discretion of the labour officer, while taking into consideration, a range of listed factors in each case.

Note: Labour officers in Uganda are legally empowered to engage in labour inspection activities including securing the enforcement of legal provisions relating to conditions of work, supplying technical information and advice to employers and employees and bringing to the notice of the Minister defects or abuses not specifically covered by existing legal provisions. According to the National Employment Policy for Uganda 2011, labour officers also arbitrate between workers and employers on undesirable working conditions. Much of a labour officer's time (particularly at the district level) is devoted to dispute resolution at the expense of labour inspection activities. Source: ILO Labour Adminstration Dep.: https://www.ilo.org/labadmin/info/WCMS_209370/lang--en/index.htm
Y
Y Art. 71 (5) a) and (6) EA: in the event of unfair dismissal, the employee shall be reinstated or re-employed unless a) the employee does not wish to be reinstated, b) continuation of the employment relationship would be intolerable, c) it is not reasonable practical to do so, or d) the dismissal unfair only because the employer did not follow a proper procedure. N N Conciliation is foreseen in the legislation; it is however not compulsory.
According to art. 93(2) EA, a labour officer is competent to hear and to settle by conciliation or mediation a complaint concerning infringement of the provisions of the Act, or breach of obligations owed under the Act by either party to an employment contract.
In addition, art. 8 of the Labour Disputes (Arbitration and Settlement) Act (2006) provides that one of the ways available to the labour officer to deal with a complaint is "to meet with the parties and endeavour to conciliate and resolve the dispute".

N No information found on separate alternative individual labour dispute resolution mechanisms. However, according to art. 93(2), the labour officer may settle by conciliation or mediation a complaint concerning infringement of the provisions of the Act, or breach of obligations owed under the Act by either party to an employment contract. N N Y
Y - Pursuant to Art. 71(2) EA, a complaint of unfair termination shall be lodged to the labour officer within 3 months from the date of dismissal. The Labour officer is competent to order remedies for unfair dismissal (reinstatement or compensation)
According to art. 91 EA, appeals against the decisions of labour officer are heard by the Industrial Court.
- Disputes concerning unjustified summary dismissals are heard by the labour officer, as provided in art. 70 EA.
- In addition, any tort claim arising out of the employment relationship shall be brought before ordinary courts. (art. 93(6) EA)
Y
Y - Pursuant to Art. 71(2) EA, a complaint of unfair termination shall be lodged to the labour officer within 3 months from the date of dismissal. The Labour officer is competent to order remedies for unfair dismissal (reinstatement or compensation)
According to art. 91 EA, appeals against the decisions of labour officer are heard by the Industrial Court.
- Disputes concerning unjustified summary dismissals are heard by the labour officer, as provided in art. 70 EA.
- In addition, any tort claim arising out of the employment relationship shall be brought before ordinary courts. (art. 93(6) EA)
N N
2013 United Arab Emirates Arab States N