Convention 158 provides that “[t]he employment of a worker shall not be terminated unless there is a valid reason for such termination” (Art.4).

The ILO Committee of Experts on the Application of Conventions and Recommendations has frequently suggested that the need to base termination of employment on a valid reason is the cornerstone of the Convention’s provisions.

The adoption of this principle removes the possibility for the employer to unilaterally end an employment relationship of indeterminate duration by means of a period of notice or compensation in lieu thereof. The Convention further requires that the reason given be connected with one of the following grounds: (i) the capacity of the worker; (ii) the conduct of the worker; or (iii) the operational requirements of the undertaking, establishment or service.

When no valid grounds for dismissal are required by statutory provisions, this does not mean that employers enjoy total freedom to terminate employment contracts. For example, provisions forbidding discrimination may contribute to protecting workers against wrongful or unfair dismissals even in those countries that do not require a valid reason for dismissal.

Several international labour standards provide guidance as to what reasons would not constitute a valid reason for terminating an employment relationship. For example, according to two fundamental ILO conventions – the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) – the following grounds shall constitute prohibited grounds of dismissal (discrimination): trade union membership, participation in union activities outside working hours or, with the consent of the employer, within working hours; race; colour; sex; religion; political opinion; national extraction; or social origin.

Convention No. 111 also provides for the possibility of adding other prohibited grounds of discrimination, to be determined at the national level after consultation with the social partners. Additionally, Convention No. 158 and Recommendation No. 166 provide for other prohibited grounds for dismissal.

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Over 3/4 of EPLex countries require the employer to provide the reason of the dismissal to the employee

  • Obligation to provide reasons to employee
  • No obligation to provide reasons to employee
  • No data

Valid grounds for dismissal

Year(s) Country Region Obligation to provide reasons to the employee Obligation to provide reasons to the employee Remark any fair reasons any fair reasons Remark worker's conduct worker's conduct Remark worker's capacity worker's capacity Remark economic reasons economic reasons Remark none none Remark
2019 Afghanistan Asia Y
Y Art. 23(4) LC. N N Y
Y The following are considered to be valid grounds for terminations (art. 23 LC):
1) Agreement of the both parties,
2) Expiry of the term of the contract,
(3) Retirement,
(4) Death,
(5) Disability and incapability that hinder the performance of work,
(6) Cessation of work for more than six months,
(7) Dissolution of the organization or reduction in the number of workers,
(8) Final conviction to imprisonment,
(9) Repeated breach of work after disciplinary warnings.
(10) Refusal by the worker to work after a reassignment to his/her previous position,
(11) Unsatisfactory probationary period.

In addition art. 101 LC regulates disciplinary dismissal which is allowed in the event of absence from work for 20 consecutive days without a good cause and in the event of repeated violations of disciplinary rules.
Y
Y The following are considered to be valid grounds for terminations (art. 23 LC):
1) Agreement of the both parties,
2) Expiry of the term of the contract,
(3) Retirement,
(4) Death,
(5) Disability and incapability that hinder the performance of work,
(6) Cessation of work for more than six months,
(7) Dissolution of the organization or reduction in the number of workers,
(8) Final conviction to imprisonment,
(9) Repeated breach of work after disciplinary warnings.
(10) Refusal by the worker to work after a reassignment to his/her previous position,
(11) Unsatisfactory probationary period.

In addition art. 101 LC regulates disciplinary dismissal which is allowed in the event of absence from work for 20 consecutive days without a good cause and in the event of repeated violations of disciplinary rules.
Y
Y The following are considered to be valid grounds for terminations (art. 23 LC):
1) Agreement of the both parties,
2) Expiry of the term of the contract,
(3) Retirement,
(4) Death,
(5) Disability and incapability that hinder the performance of work,
(6) Cessation of work for more than six months,
(7) Dissolution of the organization or reduction in the number of workers,
(8) Final conviction to imprisonment,
(9) Repeated breach of work after disciplinary warnings.
(10) Refusal by the worker to work after a reassignment to his/her previous position,
(11) Unsatisfactory probationary period.

In addition art. 101 LC regulates disciplinary dismissal which is allowed in the event of absence from work for 20 consecutive days without a good cause and in the event of repeated violations of disciplinary rules.
N N
2019 Algeria Africa Y
Y Not in the LRA.
However such obligation is prescribed in the 2006 Collective Framework Agreement: the employer shall indicate the reasons for the dismissal during a preliminary interview with the employee and in the employment termination letter. (art. 65 and 66 CFA)
__________
L'obligation de motiver le licenciement n'est pas inscrite dans la LRA mais dans la Convention collective de 2006 qui dispose:
- Article 65 /. Au cours de l’entretien préalable, l’employeur est tenu d’indiquer le ou les motifs de la décision de licenciement envisagée et de recueillir les explications du salarié.
- Article 66 /. La décision de licenciement, qui doit indiquer le ou les motifs du licenciement, est notifiée au salarié par lettre recommandée avec accusé de réception ou lui est remise en main propre contre décharge. En aucun cas, la décision de licenciement ne peut avoir d’effet rétroactif.
N N Y
Y The LRA allows an employer to dismiss an employee in the following cases:
- Art. 73 LC: disciplinary dismissal for serious misconduct (includes a list of acts which constitute serious misconduct)
- Art. 69 LC: workforce reduction for economic reasons.

The Collective Framework Agreements of 2006 provides for a list of valid grounds for dismissal, as follows (art. 61 CFA)
- serious misconduct within the meaning of art. 73-1 LRA;
- legitimate and serious reasons relating to the employee personally within the meaning of art. 73-5 LRA. [Note that art 73-5 LRA provides for the right to notice to any workers which did not commit any serious misconduct]
- workforce reduction for economic reasons
- total and permanent and incapacity to work within the meaning of the social security legislation.
The terms and conditions of application of this provision shall be specified in collective agreements.
__________________
La LRA autorise l'employeur a licencier un employé dans les cas suivants:
- Art. 73 LRA: Licenciement à caractère disciplinaire dans les cas de fautes graves commises par le travailleur.
- Art. 69 LRA: "Compression d’effectifs" qui consiste en une mesure de licenciement collectif se traduisant par des licenciements individuels simultanés.

Par ailleurs l'Article 61 de la Convention collective de 2006 dispose que "le licenciement du salarié peut intervenir dans les cas :
- de commission d'une faute professionnelle grave par le salarié au sens de l'article 73 alinéa 1er de la loi 90-11 du 25 Avril 1990 modifiée;
- de motifs sérieux et légitimes liés à la personne du salarié au sens de l'article 73 alinéa 5 de la loi 90-11 du 25 Avril 1990 modifiée, qui rendent son maintien dans l¿entreprise préjudiciable à celle-ci ;
- de compression d'effectifs pour motif économique ;
- de survenance d'une incapacité totale permanente du salarié au sens de la législation de la sécurité sociale;

Les conventions et accords collectifs d'entreprise préciseront les conditions et modalités d'application de la présente disposition."
Y
Y The LRA allows an employer to dismiss an employee in the following cases:
- Art. 73 LC: disciplinary dismissal for serious misconduct (includes a list of acts which constitute serious misconduct)
- Art. 69 LC: workforce reduction for economic reasons.

The Collective Framework Agreements of 2006 provides for a list of valid grounds for dismissal, as follows (art. 61 CFA)
- serious misconduct within the meaning of art. 73-1 LRA;
- legitimate and serious reasons relating to the employee personally within the meaning of art. 73-5 LRA. [Note that art 73-5 LRA provides for the right to notice to any workers which did not commit any serious misconduct]
- workforce reduction for economic reasons
- total and permanent and incapacity to work within the meaning of the social security legislation.
The terms and conditions of application of this provision shall be specified in collective agreements.
__________________
La LRA autorise l'employeur a licencier un employé dans les cas suivants:
- Art. 73 LRA: Licenciement à caractère disciplinaire dans les cas de fautes graves commises par le travailleur.
- Art. 69 LRA: "Compression d’effectifs" qui consiste en une mesure de licenciement collectif se traduisant par des licenciements individuels simultanés.

Par ailleurs l'Article 61 de la Convention collective de 2006 dispose que "le licenciement du salarié peut intervenir dans les cas :
- de commission d'une faute professionnelle grave par le salarié au sens de l'article 73 alinéa 1er de la loi 90-11 du 25 Avril 1990 modifiée;
- de motifs sérieux et légitimes liés à la personne du salarié au sens de l'article 73 alinéa 5 de la loi 90-11 du 25 Avril 1990 modifiée, qui rendent son maintien dans l¿entreprise préjudiciable à celle-ci ;
- de compression d'effectifs pour motif économique ;
- de survenance d'une incapacité totale permanente du salarié au sens de la législation de la sécurité sociale;

Les conventions et accords collectifs d'entreprise préciseront les conditions et modalités d'application de la présente disposition."
Y
Y The LRA allows an employer to dismiss an employee in the following cases:
- Art. 73 LC: disciplinary dismissal for serious misconduct (includes a list of acts which constitute serious misconduct)
- Art. 69 LC: workforce reduction for economic reasons.

The Collective Framework Agreements of 2006 provides for a list of valid grounds for dismissal, as follows (art. 61 CFA)
- serious misconduct within the meaning of art. 73-1 LRA;
- legitimate and serious reasons relating to the employee personally within the meaning of art. 73-5 LRA. [Note that art 73-5 LRA provides for the right to notice to any workers which did not commit any serious misconduct]
- workforce reduction for economic reasons
- total and permanent and incapacity to work within the meaning of the social security legislation.
The terms and conditions of application of this provision shall be specified in collective agreements.
__________________
La LRA autorise l'employeur a licencier un employé dans les cas suivants:
- Art. 73 LRA: Licenciement à caractère disciplinaire dans les cas de fautes graves commises par le travailleur.
- Art. 69 LRA: "Compression d’effectifs" qui consiste en une mesure de licenciement collectif se traduisant par des licenciements individuels simultanés.

Par ailleurs l'Article 61 de la Convention collective de 2006 dispose que "le licenciement du salarié peut intervenir dans les cas :
- de commission d'une faute professionnelle grave par le salarié au sens de l'article 73 alinéa 1er de la loi 90-11 du 25 Avril 1990 modifiée;
- de motifs sérieux et légitimes liés à la personne du salarié au sens de l'article 73 alinéa 5 de la loi 90-11 du 25 Avril 1990 modifiée, qui rendent son maintien dans l¿entreprise préjudiciable à celle-ci ;
- de compression d'effectifs pour motif économique ;
- de survenance d'une incapacité totale permanente du salarié au sens de la législation de la sécurité sociale;

Les conventions et accords collectifs d'entreprise préciseront les conditions et modalités d'application de la présente disposition."
N N
2019 Angola Africa Y
Y - Disciplinary dismissals:
The reasons justifying the intended disciplinary action (including dismissals) must be stated in the prior interview notification (art. 48(2)a) GLA)l, then explained in detail during the interview (art. 49(2) GLA) and lastly be included in the written communication of the disciplinary dismissal to the employee (art. 50(2) GLA).

- Economic dismissals:
The reasons underlying economic individual (affecting less than 20 workers) and collective dismissals shall be provided in the notification to the labour inspectorate (arts. 211(1) and 217(1) GLA). Prior to the GLA 2015, the employer had the obligation to notify also the workers’ representatives of the economic reasons of the dismissal.
However, under the new GLA 2015, the employer is only obliged to notify the workers of the dismissal, no express reference to the reasons is made in the law (the notice period is 30 days for individual dismissals (art. 212(1) GLA), and 60 days for collective ones (art. 219(1) GLA).
Y
Y Art. 205 GLA: Just cause is required for individual dismissal. Just causes include serious disciplinary offenses or the objective causes which make it impossible to maintain the employment relationship.
* Disciplinary reasons:
Art. 206 GLA provides a list of just causes justifying disciplinary dismissal (e.g. unjustified absence from work, non-observance of the working hours, lack of punctuality, serious disobedience, verbal or physical violence against the employees, the employer or his/her representatives, severe indiscipline, repeated lack of compliance with the obligations incumbent to the worker, theft, robbery, embezzlement, fraud, revealing manufacturing secrets, causing damages deliberately or through gross negligence to the premises, equipment, bribery and corruption, intoxication or drug addiction, non-compliance with the safety and hygiene rules).
*Objective reasons:
Art. 210 GLA: dismissal can be justified by economic, technological and structural reasons involving internal reorganization, restructuring, reducing or closing down the business activity.
N N N N N N N
2018 Antigua and Barbuda Americas Y
Y Upon termination by an employer subsequent to the expiration of the probation period, the employer is required to furnish a written statement indicating the precise reason for the termination, upon a request being made by the employee within seven days of termination or notice thereof (sec. C10 LC as amended by sec. 8 LCA).
Y
Y Sec. C56 LC: After the expiry of the probationary period, every employee has the right not to be unfairly dismissed and no employer shall dismiss any such employee without just cause.

According to sec. C58 LC a dismissal is not unfair if the reason behind it:
- relates to misconduct of the employee,
- relates to the capability or qualifications of the employee to perform work
- is that the employee was redundant;
- is that the employee could not continue to work in the position he held without contravention (on his or on the employer's part) of a requirement of law; or
- is some other substantial reason of a kind which would entitle a reasonable employer to dismiss an employee holding the position which the employee held (inserted by sec. 18 LCA)
There needs to be a factual basis for the assigned reason.
The test for deciding whether or not a dismissal was unfair is whether or not, under the circumstances the employer acted unreasonably or reasonably.
N N N N N N N
2019 Argentina Americas Y
Y Art. 242 LCL: Termination for "just cause" (justa causa):
Either of the parties may terminate the contract of employment if the other fails to discharge his or her obligations under the contract to an extent such that the relationship can no longer continue. When an employer decides to dismiss a worker for "just cause", notice of the fact must be given in writing with a sufficiently clear indication of the grounds invoked for the termination of the contract.

Where the other party challenges the termination, no changes on the grounds indicated in the notice are permitted (art. 243 LCL).
Y
Y Art. 242 LCL: Termination for "justified grounds" (justa causa): Either of the parties may terminate the contract of employment if the other fails to discharge his or her obligations under the contract to an extent such that the relationship can no longer continue. The LCL does not specify the conduct or acts that will be considered sufficient to terminate employment.

Art. 247 LCL: A dismissal can be ordered for reasons of force majeure or on account of a shortage or reduction of work that is duly proved to be beyond the employer's control. In such case, the worker is entitled to receive compensation.

Art. 244 LCL: A worker's abandonment of his or her work may be regarded as constituting a failure to discharge his or her duties only if he or she is found to be absent after formal notice has been served on the worker instructing him or her to resume work within a period appropriate to the circumstances of the case.

N N N N Y
Y Art. 242 LCL: Termination for "justified grounds" (justa causa): Either of the parties may terminate the contract of employment if the other fails to discharge his or her obligations under the contract to an extent such that the relationship can no longer continue. The LCL does not specify the conduct or acts that will be considered sufficient to terminate employment.

Art. 247 LCL: A dismissal can be ordered for reasons of force majeure or on account of a shortage or reduction of work that is duly proved to be beyond the employer's control. In such case, the worker is entitled to receive compensation.

Art. 244 LCL: A worker's abandonment of his or her work may be regarded as constituting a failure to discharge his or her duties only if he or she is found to be absent after formal notice has been served on the worker instructing him or her to resume work within a period appropriate to the circumstances of the case.

N N
2018 Armenia Europe Y
Y Art. 115 LC N N Y
Y Art. 113 LC Y
Y Art. 113 LC Y
Y Art. 113 LC N N
2019 Australia Asia Y
Y The FWA does not establish as such a general obligation to provide reasons before any dismissal. However, this obligation is implied since notification to the employee is one of the criteria to be considered by the Fair Work Commission (national workplace relations tribunal) when assessing whether the dismissal was harsh, unjust or unreasonable (= test for unfair dismissal).
S387 provides that "In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take account:
(a) whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees); and
(b) whether the person was notified of that reason ; and
(c) whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person; and
(d) any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal; and
(e) if the dismissal related to unsatisfactory performance by the person, whether the person had been warned about that unsatisfactory performance before the dismissal; and
(f) the degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal; and
(g) the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal; and
(h) any other matters that FWC considers relevant."

Note that the harsh, unjust or unreasonable test does not apply to small business employers (less than 15 employees).
It is sufficient for those employers to comply with the Small Business Fair Dismissal Code:
For dismissals other than summary dismissals, "the small business employer must give the employee a reason why he or she is at risk of being dismissed. The reason must be a valid reason based on the employee's conduct or capacity to do the job.
The employee must be warned verbally or preferably in writing, that he or she risks being dismissed if there is no improvement.
The small business employer must provide the employee with an opportunity to respond to the warning and give the employee a reasonable chance to rectify the problem, having regard to the employee's response.
Rectifying the problem might involve the employer providing additional training and ensuring the employee knows the employer's job expectations."
Y
Y See s385 to s389 FWA that set up the elements that make up an unfair dismissal.
Consequently, a fair dismissal means:
1) a dismissal which was not harsh, unjust or unreasonable; and
2) a dismissal which was consistent with the Small Business Fair Dismissal Code; and
3) the dismissal which was a case of genuine redundancy
.

1) s387 sets out the criteria to be considered by the competent body (Fair Work Commission) when assessing whether the dismissal was harsh, unjust or unreasonable.
This includes whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees) in addition to other factors related to procedural fairness.

2) Dismissal consistent with the Small Business Fair Dismissal Code (applicable to employers with less than 15 employees).
This code regulates summary and other dismissals.
- With regards to summary dismissal, the code stipulates that: "It is fair for an employer to dismiss an employee without notice or warning when the employer believes on reasonable grounds that the employee's conduct is sufficiently serious to justify immediate dismissal".
- For other dismissals, the code provides for an obligation to give the employee a reason why he or she is at risk of being dismissed. "The reason must be a valid reason based on the employee's conduct or capacity to do the job". In addition, for the dismissal to be fair, the employer must observe procedural requirements (prior warnings, opportunity to respond and giving a chance to rectify the problem).
(see s388 FWA and Small Business Fair Dismissal Code)

3) Fair dismissal by means of genuine redundancy (s389 FWA):
There is a case of genuine redundancy if:
"(a) the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise (= fair reason); and
(b) the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy (= procedural fairness)"
N N N N N N N
2019 Austria Europe N N N N N N N N N Y
Y No grounds for dismissals required in the laws reviewed. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.
For summary dismissals, important reasons are required (for blue collar workers see: sec. 1162 CC, for white-collar employees see identical sec. 25 WCA).
Are considered as "important reasons" those reasons relating to the worker's conduct or capacity (see sec. 82 Commerce Regulations, sec. 27 White-collar employees Act).
2019 Azerbaijan Europe Y
Y Art. 71 (3) and Art. 76 LC N N Y
Y Art. 70 LC

In 2011, an amendment added employees working in a state-financed enterprises that reach working age limit to the list of Art. 70.
(source: 17 May 2011 #127-IVQD)
Y
Y Art. 70 LC

In 2011, an amendment added employees working in a state-financed enterprises that reach working age limit to the list of Art. 70.
(source: 17 May 2011 #127-IVQD)
Y
Y Art. 70 LC

In 2011, an amendment added employees working in a state-financed enterprises that reach working age limit to the list of Art. 70.
(source: 17 May 2011 #127-IVQD)
N N
2019 Bangladesh Asia N N The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.
N N N N N N N Y
Y The LA distinguishes between several ways of termination of employment by the employer namely:
- 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
- 'discharge from service' for reasons of physical
or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
- 'retrenchment' for economic reasons (sec. 21 LA) and
- 'termination' without cause (sec. 26 LA).
Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).
2019 Belgium Europe Y
Y In previous years, there was no general obligation to motivate the dismissal. Only blue-collar workers were expressly protected against unfair dismissal by their employer on the basis of Art.63 ECA. White-collar workers could only invoke the theory of abuse of rights ("théorie de l'abus de droit") if they considered that they had been unfairly dismissed.

With effect from 1 April 2014 -- the date of entry into force of Collective labour agreement No. 109 -- any dismissed worker belonging to the private sector, whether a blue-collar worker or a white-collar worker, has the right to be informed by his employer about the concrete reasons that led to his/her dismissal. However, the Collective labour agreement No. 109 does not apply to dismissals that take place during the first 6 months of employment (Art. 2(2)).

The theory of abuse of rights may still be invoked by both private and public sector workers when they feel they have been wronged as to the reason of their dismissal.

For further information:
Collective Labour Agreement No 109, 18 February 2014, on the motivation of dismissal.
http://www.cnt-nar.be/CCT-COORD/cct-109.pdf

See also:
http://www.emploi.belgique.be/defaultTab.aspx?id=42146
N N N N N N N Y
Y The Law does not provide explicitly for the need to provide valid grounds to justify dismissals.

However, the national 2014 Collective labour agreement No. 109 provides that a dismissal of a worker on a contract of employment of indefinite duration would be "manifestly unreasonable" if it is based on reasons that are not at all connected to the capacity or conduct of the worker, or to the operational requirements of the undertaking --and that would have not been decided by an employer "normal and reasonable" (Art. 8).

The 2014 Collective agreement (Art. 3-7) provides that a worker can request to receive a notice on the reasons for his or her dismissal from the employer within 2 months after the dismissal took place. The employer then must respond within 2 months. (This rule does not apply to collective dismissals.)
2019 Bolivia Americas N N N N Y
Y Art. 16 of the Labour Code sets out the following causes for the termination of employment and in these cases there is no entitlement to severance pay or compensation:
a) Intentional material damage to working tools/ instruments
b) Revelation of industrial secrets
c) Imprudence or omission impacting industrial security or hygiene
d) Partial or complete breach of agreement
e) Larceny or robbery committed by the employee
N N N N N
2018 Botswana Africa Y
Y Sec. 11(10) of the Code of Good Practice on Termination of Employment provides that if the employee is dismissed, the employee must be given the reason for dismissal and notified of the right to refer a dispute concerning the wrongfulness of the dismissal to the Office of the Labour Commissioner.
Although there is no general provision in the EA on the obligation to give the employee the reasons for dismissal, this obligation is implied from several provisions of the Code of Good Practices on Dismissal.
See sec. 25(2)EA. when an employer forms an intention to terminate contracts of employment for the purpose of reducing the size of his work force, he shall forthwith give written notice of that intention to the Commissioner and to every employee to be or likely to be directly affected by the reduction.
Y
Y Sec. 3(6.1) & (6.2) of the Code of Good Practice on Termination of Employment provides that in a contract for an unspecific period, a dismissal is not wrongful if it is effected for a fair reason and in accordance with fair procedure. There are normally only 3 recognised grounds of dismissal for a fair reason: misconduct, incapacity; including poor work performance or ill health or injury; and operational requirements.

The Code of Good Practice further provides guidance on substantive considerations, which may be described as fair reasons, for the determination of whether an employee should be dismissed on the grounds of misconduct (sec. 6); incapacity due to poor work performance (sec 8) or ill health (sec. 9); and incompatibility (sec. 10).

Sec. 26(4) of the EA provides that the term "serious misconduct"means: wilful disobedience of lawful and/or reasonable orders given by the employer; wilful, express or implied, misrepresentation by the employee in respect of his skills or qualifications; habitual or wilful neglect of duties; acts of theft, misappropriation or wilful dishonesty against the employer, another employee, or a customer or client of the employer; acts of violence; damage caused wilfully or by gross negligence to movable or immovable property of the employer; wilful disclosure of confidential information or trade secrets where such disclosure is or is likely to be detrimental to the interests of the employer; inability to carry out normal duties, due to the consumption of alcohol or habit-forming drugs; wilful refusal to obey or comply with any safety rules or practices for the prevention or control of accidents or diseases; consistent work performance below average despite at least two written warnings; offering or receiving bribes; persistent absence from work without permission provides that no contract of employment may be terminate arbitrarily, without due process and just cause.

Sec. 14(1) of the Code of Good Practices on Discrimination provides that the security of the employment is one of the primary concerns of employees and no contract of employment may be terminated arbitrarily, without due process and without just cause.
N N N N N N N
2019 Brazil Americas N N N N N N N N N Y
Y Under the CLL, either party can terminate a contract of indefinite duration at will by observing notice requirements. (art. 487 CLL). In addition, an employer who dismisses an employee without cause has to pay a specific compensation (see remarks under severance pay).
The 1988 Constitution provides for the right of rural and urban workers to be "protected against arbitrary dismissal or against dismissal without just cause, according to a supplementary law which shall establish termination pay, among other rights".
The protection against dismissal without just cause is implemented through the FGTS system (Constitution, Transitional Provisions, Federal Constitution, Art. 10, Line I; Act No. 8036 of 1990). Employee's protection therefore lies in the right to receive termination payment ("verbas rescisórias").Protection against arbitrary dismissal has not been implemented yet.

Certain categories of employees enjoy job stability and therefore can only be dismissed for serious reasons (see "workers enjoying special protection").
In cases where the employee has committed one of the grave misconducts enumerated under the CLL, the employment relationship may be terminated by way of "dismissal for just cause" (art. 482 CLL)
The acts entailing dismissal for just cause include: deceit; misconduct; breach of discipline or insubordination; criminal conviction (except if the sentence is suspended), habitual drunkenness or drunkenness while on duty; disclosure of trade secrets; neglect of duty; performance of acts that damage the reputation of the employer or third parties; if it is established by an administrative inquiry that the employee is guilty of acts which are detrimental to national security.
In such cases, notice and compensation requirements shall not be observed.
2019 Bulgaria Europe Y
Y The Labour Code does not specify whether the employer shall provide reasons for dismissal.
However, see:
- Art. 328 LC: exhaustive list of 12 situations when dismissal with notice is authorized;
- Art. 330 LC: exhaustive list of 11 situations when dismissal without notice is authorized.
- Art. 190 LC lists authorized grounds for disciplinary dismissal.
N N Y
Y Art. 328 LC lists 12 situations when dismissal with notice is authorized.
Art. 330 LC lists 11 situations when dismissal without notice is authorized. Authorized grounds disciplinary dismissal are listed in art. 190 LC.

In addition, the Law on Amendments and Supplements to the Labour Code (State Gazette No. 54 of 17 July 2015) restored the right for the employer to dismiss employees who are entitled to a retirement pension (Article 328 (1)(10) LC). The new point 10a of Article 328, para. 1 of the Labour Code entitles the employer to dismiss an employee with notice when the employee becomes eligible for reduced pension under the conditions of the Social Insurance Code (in the past, the employer could only dismiss an employee who had become eligible for full pension). The new para. 3 of Article 328 of the Labour Code provides that the employer may receive ex officio information on these issues from the National Social Insurance Institute (State Gazette, No. 98 of 15.12.2015). Source: CEELEX
Y
Y Art. 328 LC lists 12 situations when dismissal with notice is authorized.
Art. 330 LC lists 11 situations when dismissal without notice is authorized. Authorized grounds disciplinary dismissal are listed in art. 190 LC.

In addition, the Law on Amendments and Supplements to the Labour Code (State Gazette No. 54 of 17 July 2015) restored the right for the employer to dismiss employees who are entitled to a retirement pension (Article 328 (1)(10) LC). The new point 10a of Article 328, para. 1 of the Labour Code entitles the employer to dismiss an employee with notice when the employee becomes eligible for reduced pension under the conditions of the Social Insurance Code (in the past, the employer could only dismiss an employee who had become eligible for full pension). The new para. 3 of Article 328 of the Labour Code provides that the employer may receive ex officio information on these issues from the National Social Insurance Institute (State Gazette, No. 98 of 15.12.2015). Source: CEELEX
Y
Y Art. 328 LC lists 12 situations when dismissal with notice is authorized.
Art. 330 LC lists 11 situations when dismissal without notice is authorized. Authorized grounds disciplinary dismissal are listed in art. 190 LC.

In addition, the Law on Amendments and Supplements to the Labour Code (State Gazette No. 54 of 17 July 2015) restored the right for the employer to dismiss employees who are entitled to a retirement pension (Article 328 (1)(10) LC). The new point 10a of Article 328, para. 1 of the Labour Code entitles the employer to dismiss an employee with notice when the employee becomes eligible for reduced pension under the conditions of the Social Insurance Code (in the past, the employer could only dismiss an employee who had become eligible for full pension). The new para. 3 of Article 328 of the Labour Code provides that the employer may receive ex officio information on these issues from the National Social Insurance Institute (State Gazette, No. 98 of 15.12.2015). Source: CEELEX
N N
2019 Burkina Faso Africa Y
Y Art. 65 LC Y
Y Art. 71 LC: A dismissal is "abusive" if it is effected without a legitimate reason.
See also specific provisions on serious misconduct (art. 69 LC) and economic dismissals (art. 98 LC).
N N N N N N N
2018 Cambodia Asia Y
Y Sec. 74 LC. Y
Y Sec. 74 LC: no dismissal can take place without a valid reason relating to the worker's aptitude or behaviour, based on the requirements of the operation of the enterprise, establishment or group.
Sec. 83 LC on serious offences entailing summary dismissal :
1. Stealing, misappropriation, embezzlement;
2. Fraudulent acts committed at the time of signing (presentation of false documentation) or during employment (sabotage, refusal to comply with the terms of the employment contract, divulging
professional confidentiality).
3. Serious infractions of disciplinary, safety, and health regulations.
4. Threat, abusive language or assault against the employer or other workers.
5. Inciting other workers to commit serious offenses.
6. Political propaganda, activities or demonstrations in the establishment.
N N N N N N N
2019 Cameroon Africa Y
Y Art. 34 (1) LC N N N N N N N Y
Y Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given.
This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.

The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).
2019 Canada (Federal only) Americas N N No general obligation on the part of the employer to indicate the reasons for the dismissal to employees when dismissing them.
However, the employer shall provide a written statement indicating the reasons for dismissal upon request by the employee or the inspector in the process of a complaint for unjust dismissal. According to sec. 241. (1) CLC, this only applies to employees described in sec. 240(1). This covers any employee:
(a) who has completed twelve consecutive months of continuous employment by an employer, and
(b) who is not a member of a group of employees subject to a collective agreement.
In addition this provision is subject to the restrictions set up in sec. 242(3.1): complaints of unjust dismissal do not cover lay-off due to lack of work or the discontinuance of a function.
Y
Y The CLC does not contain as such a provision requiring that termination with notice be justified by a fair reason. However, this is implied from the division XIV of the Code on "unjust dismissal". This division provides for the right of an employee who has completed 12 consecutive months of continuous employment and is not covered by a collective agreement to make a complaint of unjust dismissal to the competent authority which may order reinstatement or compensation if the dismissal is found to be unjust. (sec. 240 and 242 CLC)
Complaint of unjust dismissal are not available to employees who have been laid off because of lack of work or because of the discontinuance of a function (sec. 242 (3.1) CLC)

N N N N N N N
2019 Central African Republic Africa N N No such obligation expressly provided in the LC. Y
Y Art. 144 LC: Any dismissal based on motives which are not real and justified ("réels et fondés") are null.
Art. 152 LC: Dismissals carried out without a legitimate motive ("motif légitime") as well as dismissals based on the worker's opinions, his or her trade union activities or membership to a trade union are unfair ("abusifs").
Art. 142 LC: Employees can be dismissed on economic or personal grounds (physical or professional incapacity or misconduct).
N N N N N N N
2019 Chile Americas Y
Y * In case of dismissal based on worker's conduct (art. 160), the written notice of dismissal shall state the legal reasons for dismissal, its justification and the facts on which dismissal is based in addition to the status of social security contributions (sec. 162, LC). (This also applies to termination by conclusion of the particular task covered by the contract; the expiration of an agreed-upon term and force majeur)
* Art. 162 provides for specific notice requirements for dismissals based on the "requirements of the undertaking" (=economic reasons): i.e the worker must be given notice, copied to the relevant inspectorate, at least 30 days in advance. However, it does not specify whether the reasons for such dismissal shall be specified in the notice.
* No justification is required for the desahucio of certain categories of domestic workers ("trabajador de casa particular") or persons occupying positions of trust and persons representing the employer (art. 161 LC - see below)
N N Y
Y 1) The following are valid reasons related to the worker's conduct which entail summary dismissal with no right to severance pay (art.160 LC):
* Dishonesty, acts of violence, insult or serious immoral behaviour duly proven, and/or sexual harassment;
* Negotiations conducted by the worker within the normal functions of the enterprise and which might have been expressly forbidden, in writing, within the terms of the contract made with the employer;
* Unjustified absence from work for two consecutive working days, two Mondays within a period of one month or a total of three days within the same period; similarly, absence which is unjustified or without advance notice by a worker responsible for a process, task or machine when such absence entails disruption in the rest of the service or production process;
* Abandonment of work by the worker, which is defined as: leaving the workplace without proper notice or valid reason during working hours, and without authorization from the employer or his or her representative; and unjustified refusal to perform the assigned task under the agreed terms of the contract of employment;
* Acts, forgetfulness or carelessness seriously affecting the safety or operation of the establishment, safety or activity of the workers, or their health;
* Deliberate material damage to the plant, machinery, tools, work implements, goods or merchandise; or
* Serious breach of the obligations under the contract of employment.

2) Pursuant to art. 161 LC, the employer can legally terminate a contract for reasons based on the requirements of the undertaking. These requirements (necessidades de la empresa) can result from streamlining or modernization activities, reduced productivity, changes in market or economic conditions which impose the need to lay off one or more workers.
In such cases, notice period requirements shall be observed and the dismissed worker will be entitled to severance pay.
It is worth noting the worker's lack of adjustment to the undertaking's technical or working innovation was previously included in art. 161 as a valid ground for dismissal. It has however been deleted in 2002 by Act No 19.759.

3) Finally, under art. 161 LC, the employer can dismiss without cause (by way of desahucio) the following persons:
- certain categories of domestic workers ("trabajador de casa particular");
- persons occupying positions of trust; and
- persons representing the employer, such as managers, assistant managers, agents or other types of representatives, provided that they have general administrative competence.
In such cases, those workers have the right to receive a 30 days prior written notice of the desahucio and receive a severance indemnity. In addition, notification to the labour inspectorate is required.

See also: Article 163bis LC introduced by Law 20.720 of 2014 concerning new regulation on bankruptcy
N N Y
Y 1) The following are valid reasons related to the worker's conduct which entail summary dismissal with no right to severance pay (art.160 LC):
* Dishonesty, acts of violence, insult or serious immoral behaviour duly proven, and/or sexual harassment;
* Negotiations conducted by the worker within the normal functions of the enterprise and which might have been expressly forbidden, in writing, within the terms of the contract made with the employer;
* Unjustified absence from work for two consecutive working days, two Mondays within a period of one month or a total of three days within the same period; similarly, absence which is unjustified or without advance notice by a worker responsible for a process, task or machine when such absence entails disruption in the rest of the service or production process;
* Abandonment of work by the worker, which is defined as: leaving the workplace without proper notice or valid reason during working hours, and without authorization from the employer or his or her representative; and unjustified refusal to perform the assigned task under the agreed terms of the contract of employment;
* Acts, forgetfulness or carelessness seriously affecting the safety or operation of the establishment, safety or activity of the workers, or their health;
* Deliberate material damage to the plant, machinery, tools, work implements, goods or merchandise; or
* Serious breach of the obligations under the contract of employment.

2) Pursuant to art. 161 LC, the employer can legally terminate a contract for reasons based on the requirements of the undertaking. These requirements (necessidades de la empresa) can result from streamlining or modernization activities, reduced productivity, changes in market or economic conditions which impose the need to lay off one or more workers.
In such cases, notice period requirements shall be observed and the dismissed worker will be entitled to severance pay.
It is worth noting the worker's lack of adjustment to the undertaking's technical or working innovation was previously included in art. 161 as a valid ground for dismissal. It has however been deleted in 2002 by Act No 19.759.

3) Finally, under art. 161 LC, the employer can dismiss without cause (by way of desahucio) the following persons:
- certain categories of domestic workers ("trabajador de casa particular");
- persons occupying positions of trust; and
- persons representing the employer, such as managers, assistant managers, agents or other types of representatives, provided that they have general administrative competence.
In such cases, those workers have the right to receive a 30 days prior written notice of the desahucio and receive a severance indemnity. In addition, notification to the labour inspectorate is required.

See also: Article 163bis LC introduced by Law 20.720 of 2014 concerning new regulation on bankruptcy
N N
2017 China Asia N N The ECL does not establish any obligation on the part of the employer to state the reasons for dismissal to the employee. However, prior to dismissing a worker, the employer shall notify the labour union of the reasons: art. 43 ECL. N N Y
Y Art. 40 ECL (ordinary dismissal): list of reasons related to the worker's conduct, worker's capacity, economic reasons.
See also Art. 39 ECL (summary dismissal).

See also Art. 18 and 19 of Implementing Regulations of the PRC Employment Contracts Law.
Y
Y Art. 40 ECL (ordinary dismissal): list of reasons related to the worker's conduct, worker's capacity, economic reasons.
See also Art. 39 ECL (summary dismissal).

See also Art. 18 and 19 of Implementing Regulations of the PRC Employment Contracts Law.
Y
Y Art. 40 ECL (ordinary dismissal): list of reasons related to the worker's conduct, worker's capacity, economic reasons.
See also Art. 39 ECL (summary dismissal).

See also Art. 18 and 19 of Implementing Regulations of the PRC Employment Contracts Law.
N N
2019 Colombia Americas Y
Y Article 66 of the Labour Code provides that 1. The party that unilaterally terminates the employment contract must state to the other at the time of termination the cause or motive that prompts it to make that determination, except in the event that there is a reservation clause pursuant to article 49.2. Subsequently, different causes or motives cannot be validly claimed

Y
Y Article 61 (1) of Labour Code provides valid reasons for termination of employment contracts: a) By death of the worker; b) By mutual consent; c) By expiration of the agreed fixed term; d) For completion of the contracted work or labour; e) for liquidation or definitive closure of the company or establishment; f) For suspension of activities by the employer for more than one hundred twenty (120) days; g) By final judicial decision; h) By unilateral decision in the cases of articles 7 of Decree-law 2351 of 1965, and 6 of this law, i) For not returning the worker to his job, when the causes of the suspension of the contract disappear.

Article 62 indicate the disciplinary reasons able to terminate the employment contract are a) false declarations on personal files; b_ Any act of violence, injury, bad treatment or serious indiscipline against the employer; c) Any material damage intentionally caused to buildings, works, machinery and raw materials, instruments and other objects related to work; d) Any immoral or criminal act that the worker commits; e) Any serious violation of the obligations or special prohibitions incumbent on the worker; f) The preventive detention of the worker for more than thirty (30) days, unless he is subsequently acquitted; or the correctional arrest that exceeds eight (8) days; g) disclosure of commercial secrets or confidential matters; h) Poor performance on the job; i) refusal to perform the conventional or legal obligations; j) Addiction that might disturb workplace; k) refusal to accept preventive, prophylactic or curative measures prescribed by the employer's doctor or by the authorities to avoid illness or accidents; l) he ineptitude of the worker to carry out the entrusted work; m) retirement or invalidity pension; n) contagious or chronic illness.
Y
Y Article 61 (1) of Labour Code provides valid reasons for termination of employment contracts: a) By death of the worker; b) By mutual consent; c) By expiration of the agreed fixed term; d) For completion of the contracted work or labour; e) for liquidation or definitive closure of the company or establishment; f) For suspension of activities by the employer for more than one hundred twenty (120) days; g) By final judicial decision; h) By unilateral decision in the cases of articles 7 of Decree-law 2351 of 1965, and 6 of this law, i) For not returning the worker to his job, when the causes of the suspension of the contract disappear.

Article 62 indicate the disciplinary reasons able to terminate the employment contract are a) false declarations on personal files; b_ Any act of violence, injury, bad treatment or serious indiscipline against the employer; c) Any material damage intentionally caused to buildings, works, machinery and raw materials, instruments and other objects related to work; d) Any immoral or criminal act that the worker commits; e) Any serious violation of the obligations or special prohibitions incumbent on the worker; f) The preventive detention of the worker for more than thirty (30) days, unless he is subsequently acquitted; or the correctional arrest that exceeds eight (8) days; g) disclosure of commercial secrets or confidential matters; h) Poor performance on the job; i) refusal to perform the conventional or legal obligations; j) Addiction that might disturb workplace; k) refusal to accept preventive, prophylactic or curative measures prescribed by the employer's doctor or by the authorities to avoid illness or accidents; l) he ineptitude of the worker to carry out the entrusted work; m) retirement or invalidity pension; n) contagious or chronic illness.
N N N N N
2019 Comoros Africa Y
Y Article 48 of the Labour Code.

Y
Y Article 43 of the Labour Code requires a valid reason connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.
N N N N N N N
2019 Congo, Democratic Republic Africa Y
Y Art. 76 LC.
Art. 62 LC as amended by Law No. 16/010 of 2016 provides that when the employer envisages a dismissal for reasons related to the worker's aptitude or conduct, the employer shall, before taking any decision, allow the worker to defend himself/herself or to explain himself/herself about alleged grounds for termination.
Y
Y Art. 62 LC: dismissal shall be based on fair reasons ("motifs valables") related to the worker's conduct, worker's capacity or operational requirements of the undertaking. N N N N N N N
2019 Costa Rica Americas N N Article 35 provides that it is only mandatory to provide written declaration of reasons for dismissal if requested by the worker.
However, if it is a dismissal for a cause attributable to the worker, the employer must detail the facts that supported it in the dismissal letter, which will be the only ones that can later be discussed in court. This new provision has been brought by the Law No. 9343/2016 (One of the laws that performed the reform).
N N N N N N N Y
Y Private employment relationships are governed by free dismissal, therefore, the employer can dismiss a worker without just cause, but with the payment of the corresponding workers' compensation (article 85 (d) of the Labour Code).
On the other hand, the Labour Code also has a list of grounds that merit the application of disciplinary dismissal (Article 81 and 369 of Labour Code), in which case no severance or redundancy payment should be paid.
A dismissal is also possible for health reasons arising from a work risk, when the worker's relocation is not possible (article 254 Labour Code), with the payment of the corresponding workers' compensation (severance payment), in accordance with article 29 of Labour Code.
2019 Côte d'Ivoire Africa Y
Y L'article 18.3 du Code du travail dispose que "le contrat a durée indéterminée peut toujours cesser par la volonté du salarié. Il peut cesser par la volonté de l'employeur qui dispose d'un motif légitime. (...)".
L'article 18.4 CT ajoute que "(...) la partie qui prend l'initiative de la rupture du contrat doit notifier sa décision à l'autre. Lorsque l'initiative émane de l'employeur, cette notification doit être motivée.
_______________
In English:
Art.18.3 LC provides that the contract of indefinite duration can always be terminated at the employee's will. It may be terminated at the employer's will provided there is a valid ground (legitimate reason).
Art. 18.4 LC adds that the party initiating the termination of the contract must notify its decision to the other party. Where the initiative comes from the employer, this notification must be substantiated.
Y
Y * Art. 18.3 LC: any fair reason ("motif légitime")
_______________
Licenciement en cas de faute lourde: Article 18.7 du Code du travail
Summary dismissal for serious misconduct, see: Art. 18.7 LC
N N N N N N N
2019 Cuba Americas N N Y
Y Article 45 provides that the employment contract may end due to: a) agreement of the parties; b) initiative of any of the parties; c) retirement of the worker; d) death of the worker; e) extinction of the entity, when there is no other subrogated in its place; and f) expiration of the fixed term or the conclusion of the agreed work, in the case of fixed-term contracts or for the execution of a job or work.

Moreover article 49 of Labour Code provides that the employment contract might be terminated by the employer due to: a) loss of proven suitability; b) definitive relocation outside the entity of the available worker, or when the proposed employment is not unjustifiably accepted by the worker, or when the salary guarantee period expires without having been employed; c) definitive relocation outside the entity of the worker who is declared a person with a partial disability; non-suitability of the partial disability fo a job offer according to the worker´s capacity inside or outside the employer or disapproved requalification, in both cases, for unjustified reasons; d) application of the definitive separation measures of the entity or sector or activity, when appropriate, due to the non-observance of the disciplinary norms established in the legislation and in the disciplinary regulations; e) Compliance with the term of the maternity leave or, where appropriate, the social benefit or unpaid maternity leave, in the terms and conditions established in the legislation, without the worker who has enjoyed it being reinstated to the job; f) Sanction of deprivation of liberty by final sentence or security measure, in both cases when it exceeds six months, if the employer so decides; g) non-reinstatement upon expiration of the unpaid leave granted by the employer; and h) other causes provided for in the legislation.

Y
Y Article 45 provides that the employment contract may end due to: a) agreement of the parties; b) initiative of any of the parties; c) retirement of the worker; d) death of the worker; e) extinction of the entity, when there is no other subrogated in its place; and f) expiration of the fixed term or the conclusion of the agreed work, in the case of fixed-term contracts or for the execution of a job or work.

Moreover article 49 of Labour Code provides that the employment contract might be terminated by the employer due to: a) loss of proven suitability; b) definitive relocation outside the entity of the available worker, or when the proposed employment is not unjustifiably accepted by the worker, or when the salary guarantee period expires without having been employed; c) definitive relocation outside the entity of the worker who is declared a person with a partial disability; non-suitability of the partial disability fo a job offer according to the worker´s capacity inside or outside the employer or disapproved requalification, in both cases, for unjustified reasons; d) application of the definitive separation measures of the entity or sector or activity, when appropriate, due to the non-observance of the disciplinary norms established in the legislation and in the disciplinary regulations; e) Compliance with the term of the maternity leave or, where appropriate, the social benefit or unpaid maternity leave, in the terms and conditions established in the legislation, without the worker who has enjoyed it being reinstated to the job; f) Sanction of deprivation of liberty by final sentence or security measure, in both cases when it exceeds six months, if the employer so decides; g) non-reinstatement upon expiration of the unpaid leave granted by the employer; and h) other causes provided for in the legislation.

Y
Y Article 45 provides that the employment contract may end due to: a) agreement of the parties; b) initiative of any of the parties; c) retirement of the worker; d) death of the worker; e) extinction of the entity, when there is no other subrogated in its place; and f) expiration of the fixed term or the conclusion of the agreed work, in the case of fixed-term contracts or for the execution of a job or work.

Moreover article 49 of Labour Code provides that the employment contract might be terminated by the employer due to: a) loss of proven suitability; b) definitive relocation outside the entity of the available worker, or when the proposed employment is not unjustifiably accepted by the worker, or when the salary guarantee period expires without having been employed; c) definitive relocation outside the entity of the worker who is declared a person with a partial disability; non-suitability of the partial disability fo a job offer according to the worker´s capacity inside or outside the employer or disapproved requalification, in both cases, for unjustified reasons; d) application of the definitive separation measures of the entity or sector or activity, when appropriate, due to the non-observance of the disciplinary norms established in the legislation and in the disciplinary regulations; e) Compliance with the term of the maternity leave or, where appropriate, the social benefit or unpaid maternity leave, in the terms and conditions established in the legislation, without the worker who has enjoyed it being reinstated to the job; f) Sanction of deprivation of liberty by final sentence or security measure, in both cases when it exceeds six months, if the employer so decides; g) non-reinstatement upon expiration of the unpaid leave granted by the employer; and h) other causes provided for in the legislation.

Y
Y Article 45 provides that the employment contract may end due to: a) agreement of the parties; b) initiative of any of the parties; c) retirement of the worker; d) death of the worker; e) extinction of the entity, when there is no other subrogated in its place; and f) expiration of the fixed term or the conclusion of the agreed work, in the case of fixed-term contracts or for the execution of a job or work.

Moreover article 49 of Labour Code provides that the employment contract might be terminated by the employer due to: a) loss of proven suitability; b) definitive relocation outside the entity of the available worker, or when the proposed employment is not unjustifiably accepted by the worker, or when the salary guarantee period expires without having been employed; c) definitive relocation outside the entity of the worker who is declared a person with a partial disability; non-suitability of the partial disability fo a job offer according to the worker´s capacity inside or outside the employer or disapproved requalification, in both cases, for unjustified reasons; d) application of the definitive separation measures of the entity or sector or activity, when appropriate, due to the non-observance of the disciplinary norms established in the legislation and in the disciplinary regulations; e) Compliance with the term of the maternity leave or, where appropriate, the social benefit or unpaid maternity leave, in the terms and conditions established in the legislation, without the worker who has enjoyed it being reinstated to the job; f) Sanction of deprivation of liberty by final sentence or security measure, in both cases when it exceeds six months, if the employer so decides; g) non-reinstatement upon expiration of the unpaid leave granted by the employer; and h) other causes provided for in the legislation.

N N
2019 Cyprus Europe N N Only for collective dismissals is justification explicitly requested in the legislation.
(sec. 21 TEA (notification to the labour administration) and sec.4-5 CDA (consultation with the trade union representatives).
No such provision exists with regard to individual dismissals based on the worker's conduct or capacity.
N N Y
Y Sec. 5 TEA. As a general rule, dismissal is deemed unfair unless the employer proves the existence of one of the reasons exhaustively listed in the legislation.
"These are:
- the employee fails to carry out his or her work in a reasonably efficent manner,
- the employee becomes redundant,
- termination is due to an act of god or force majeure,
- the contract is for a fixed-term and has expired or the employee has reached the normal age of retirement,
- the employment relationship cannot be expected to continue (the employee is guilty of gross misconduct, a criminal offence or immoral behaviour in the course of his or her duties, the employee repeatedly disregards his or her work and duties)"
(see European Commission, Termination of Employment Relationship - Legal situation in the following Member States of the European Union: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia, 2007, p. 51.)
Y
Y Sec. 5 TEA. As a general rule, dismissal is deemed unfair unless the employer proves the existence of one of the reasons exhaustively listed in the legislation.
"These are:
- the employee fails to carry out his or her work in a reasonably efficent manner,
- the employee becomes redundant,
- termination is due to an act of god or force majeure,
- the contract is for a fixed-term and has expired or the employee has reached the normal age of retirement,
- the employment relationship cannot be expected to continue (the employee is guilty of gross misconduct, a criminal offence or immoral behaviour in the course of his or her duties, the employee repeatedly disregards his or her work and duties)"
(see European Commission, Termination of Employment Relationship - Legal situation in the following Member States of the European Union: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia, 2007, p. 51.)
Y
Y Sec. 5 TEA. As a general rule, dismissal is deemed unfair unless the employer proves the existence of one of the reasons exhaustively listed in the legislation.
"These are:
- the employee fails to carry out his or her work in a reasonably efficent manner,
- the employee becomes redundant,
- termination is due to an act of god or force majeure,
- the contract is for a fixed-term and has expired or the employee has reached the normal age of retirement,
- the employment relationship cannot be expected to continue (the employee is guilty of gross misconduct, a criminal offence or immoral behaviour in the course of his or her duties, the employee repeatedly disregards his or her work and duties)"
(see European Commission, Termination of Employment Relationship - Legal situation in the following Member States of the European Union: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia, 2007, p. 51.)
N N
2019 Czechia Europe Y
Y Sec. 50 (4) LC N N Y
Y Sec. 52 LC provides for a list of valid reasons for dismissal that relate to the worker's conduct, the worker's capacity, or economic reasons. Y
Y Sec. 52 LC provides for a list of valid reasons for dismissal that relate to the worker's conduct, the worker's capacity, or economic reasons. Y
Y Sec. 52 LC provides for a list of valid reasons for dismissal that relate to the worker's conduct, the worker's capacity, or economic reasons. N N
2017 Denmark Europe Y
Y - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.

- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
N N N N N N N Y
Y No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements.
This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.
In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise.
(see also sec. 3 ESEA)
2019 Ecuador Americas N N Y
Y Article 169 of Labour Code provides the reasons that enable the termination of the employment contract: 1. For the causes legally provided for in the contract; 2. By agreement of the parties; 3. For the conclusion of the work, period of labour or services object of the contract; 4. Due to the death or incapacity of the employer or termination of the contracting legal entity, if there is no legal representative or successor to continue the company or business; 5. Due to death of the worker or permanent and total incapacity for work; 6. By fortuitous event or force majeure that makes the work impossible, such as fire, earthquake, storm, explosion, plagues of the field, war and, in general, any other extraordinary event that the contractors could not foresee or that foreseen, they could not avoid it; 7. By the will of the employer in the cases of article 172 of this Code; 8. By will of the worker according to article 173 of this Code; and, 9. For resquest of the employee with previous notice (desahucio).

Articles 172 and 310 of Labour Code provide a list of just causes for dismissal which relate mainly to worker's misconduct and manifest professional inaptitude. In these cases, the employer can terminate the labour contract, prior approval (“visto bueno”) from the Labour Inspector (article 172 and 183 Labour Code). If approved, no severance payment shall be paid: 1) Repeated and unjustified lateness, absence or abandonment of the job for more than 3 consecutive days within a period of 1 month, 2) Indiscipline or gross infringement of employer´s internal rules (“Reglamento interno”) duly approved by the authority, 3) Immoral behaviour, 4) Gross disrespectful acts against the employer, relatives or representatives, 5) Manifest professional inaptitude for the required task or position, 6) Unjustified denunciation against the employer of its obligations before the Social Insurance, 7) Failure to comply with safety, preventive and hygienic measures required by law, rules or by the competent authority; or with medical prescriptions, 8) Reveal of manufacturing secrets or communications to the detriment of the employer, 9) Deceive the employer by means of false letters of recommendation or certificates when the contract was concluded.

Article 188 of Labour Code provides that when the employer dismisses without just cause and with no prior notice, it must pay severance payment and bonus for desahucio.
Y
Y Article 169 of Labour Code provides the reasons that enable the termination of the employment contract: 1. For the causes legally provided for in the contract; 2. By agreement of the parties; 3. For the conclusion of the work, period of labour or services object of the contract; 4. Due to the death or incapacity of the employer or termination of the contracting legal entity, if there is no legal representative or successor to continue the company or business; 5. Due to death of the worker or permanent and total incapacity for work; 6. By fortuitous event or force majeure that makes the work impossible, such as fire, earthquake, storm, explosion, plagues of the field, war and, in general, any other extraordinary event that the contractors could not foresee or that foreseen, they could not avoid it; 7. By the will of the employer in the cases of article 172 of this Code; 8. By will of the worker according to article 173 of this Code; and, 9. For resquest of the employee with previous notice (desahucio).

Articles 172 and 310 of Labour Code provide a list of just causes for dismissal which relate mainly to worker's misconduct and manifest professional inaptitude. In these cases, the employer can terminate the labour contract, prior approval (“visto bueno”) from the Labour Inspector (article 172 and 183 Labour Code). If approved, no severance payment shall be paid: 1) Repeated and unjustified lateness, absence or abandonment of the job for more than 3 consecutive days within a period of 1 month, 2) Indiscipline or gross infringement of employer´s internal rules (“Reglamento interno”) duly approved by the authority, 3) Immoral behaviour, 4) Gross disrespectful acts against the employer, relatives or representatives, 5) Manifest professional inaptitude for the required task or position, 6) Unjustified denunciation against the employer of its obligations before the Social Insurance, 7) Failure to comply with safety, preventive and hygienic measures required by law, rules or by the competent authority; or with medical prescriptions, 8) Reveal of manufacturing secrets or communications to the detriment of the employer, 9) Deceive the employer by means of false letters of recommendation or certificates when the contract was concluded.

Article 188 of Labour Code provides that when the employer dismisses without just cause and with no prior notice, it must pay severance payment and bonus for desahucio.
N N N N N
2017 Egypt Africa N N No express obligation to provide reasons for dismissing an employee. N N Y
Y Art. 110 LL: The employer may not terminate the employee's contract of indefinite duration except for reasons listed in art. 69 LL or in case of the incompetence of the employee according to the internal regulations of the employer. Art. 69 provides a list of reasons (9) considered to be serious misconduct and justifying summary dismissal. A worker is deemed to have committed a serious offence if he/she has:
- assumed a false identity or submitted false documents;
- acted negligently, causing the employer considerable loss, provided the employer informs the competent authorities of the incident within 24 hours of becoming aware of it;
- despite having received a previous written warning, failed to observe written instructions displayed in a prominent place, compliance with which is necessary to ensure the safety of the workers and of the establishment;
- been absent without a valid reason for more than 20 days a year, or for more than ten consecutive days, provided that the worker is first warned in writing by the employer after ten days' absence in the former case and after five days in the latter;
- divulged professional secrets concerning the enterprise employing him/her, which caused serious damages to the enterprise;
- been competing with the employer in the same field of activity;
- been found in a state of obvious drunkenness or under the influence of drugs within working hours;
- assaulted the employer or the employer's representative, or has committed a serious act of violence against any of his/her superiors during or in connection with his/her work;
- not respected the rules on strikes prescribed by the LL.

Art. 120 LL lists reasons which shall not be considered as "legitimate and adequate justifications for termination".
Art. 122 LL regulates the right to compensation for "unjustified termination" (termination without a legitimate and adequate justification) by the employer.
In addition, there are specific provisions authorizing termination of the contract by the employer in certain circumstances (termination in the event of the worker's total incapacity: art. 124 LL, termination due to the worker's illness provided that he or she has exhausted sick leave entitlement: art. 127, termination because the worker reaches the retirement age: art. 125 LL, termination in the event the of conviction to custodial sentences: art. 129 LL).
In addition, the LL provides for a specific regime in the event terminations for economic reasons (art. 196 to 201 LL).
Y
Y Art. 110 LL: The employer may not terminate the employee's contract of indefinite duration except for reasons listed in art. 69 LL or in case of the incompetence of the employee according to the internal regulations of the employer. Art. 69 provides a list of reasons (9) considered to be serious misconduct and justifying summary dismissal. A worker is deemed to have committed a serious offence if he/she has:
- assumed a false identity or submitted false documents;
- acted negligently, causing the employer considerable loss, provided the employer informs the competent authorities of the incident within 24 hours of becoming aware of it;
- despite having received a previous written warning, failed to observe written instructions displayed in a prominent place, compliance with which is necessary to ensure the safety of the workers and of the establishment;
- been absent without a valid reason for more than 20 days a year, or for more than ten consecutive days, provided that the worker is first warned in writing by the employer after ten days' absence in the former case and after five days in the latter;
- divulged professional secrets concerning the enterprise employing him/her, which caused serious damages to the enterprise;
- been competing with the employer in the same field of activity;
- been found in a state of obvious drunkenness or under the influence of drugs within working hours;
- assaulted the employer or the employer's representative, or has committed a serious act of violence against any of his/her superiors during or in connection with his/her work;
- not respected the rules on strikes prescribed by the LL.

Art. 120 LL lists reasons which shall not be considered as "legitimate and adequate justifications for termination".
Art. 122 LL regulates the right to compensation for "unjustified termination" (termination without a legitimate and adequate justification) by the employer.
In addition, there are specific provisions authorizing termination of the contract by the employer in certain circumstances (termination in the event of the worker's total incapacity: art. 124 LL, termination due to the worker's illness provided that he or she has exhausted sick leave entitlement: art. 127, termination because the worker reaches the retirement age: art. 125 LL, termination in the event the of conviction to custodial sentences: art. 129 LL).
In addition, the LL provides for a specific regime in the event terminations for economic reasons (art. 196 to 201 LL).
Y
Y Art. 110 LL: The employer may not terminate the employee's contract of indefinite duration except for reasons listed in art. 69 LL or in case of the incompetence of the employee according to the internal regulations of the employer. Art. 69 provides a list of reasons (9) considered to be serious misconduct and justifying summary dismissal. A worker is deemed to have committed a serious offence if he/she has:
- assumed a false identity or submitted false documents;
- acted negligently, causing the employer considerable loss, provided the employer informs the competent authorities of the incident within 24 hours of becoming aware of it;
- despite having received a previous written warning, failed to observe written instructions displayed in a prominent place, compliance with which is necessary to ensure the safety of the workers and of the establishment;
- been absent without a valid reason for more than 20 days a year, or for more than ten consecutive days, provided that the worker is first warned in writing by the employer after ten days' absence in the former case and after five days in the latter;
- divulged professional secrets concerning the enterprise employing him/her, which caused serious damages to the enterprise;
- been competing with the employer in the same field of activity;
- been found in a state of obvious drunkenness or under the influence of drugs within working hours;
- assaulted the employer or the employer's representative, or has committed a serious act of violence against any of his/her superiors during or in connection with his/her work;
- not respected the rules on strikes prescribed by the LL.

Art. 120 LL lists reasons which shall not be considered as "legitimate and adequate justifications for termination".
Art. 122 LL regulates the right to compensation for "unjustified termination" (termination without a legitimate and adequate justification) by the employer.
In addition, there are specific provisions authorizing termination of the contract by the employer in certain circumstances (termination in the event of the worker's total incapacity: art. 124 LL, termination due to the worker's illness provided that he or she has exhausted sick leave entitlement: art. 127, termination because the worker reaches the retirement age: art. 125 LL, termination in the event the of conviction to custodial sentences: art. 129 LL).
In addition, the LL provides for a specific regime in the event terminations for economic reasons (art. 196 to 201 LL).
N N
2019 El Salvador Americas Y
Y Article 60 of Labour Code provides that regardless the motive in which is based the termination, at the end of every employment contract the employer must provide a letter to the worker, containing the dates of beginning and end of the contratc, salary received and type or work performed. Should the worker requires, the employer must also include information related to the performance and reasons for termination. N N Y
Y *Article 55 LC: It is legally presumed that a worker is dismissed without just cause, except for those causes listed in the law.

*Art. 50 LC provides for a limited list of justified grounds for dismissals which relate mainly to the worker's conduct and capacity.
The employer can legally terminate (without notice) the contract under the following grounds:
- if the worker deceived the employer by means of false letters of recommendation or certificates when the contract was concluded. This ground ceases to be operative after the worker has completed 30 day's employment;
- due to the worker's repeated negligence;
- if the employer lost confidence in an employee exercising managerial surveillance or similar functions;
- if the worker reveals manufacturing secrets or communicates administrative matters to the detriment of the undertaking;
- if the worker commits serious acts of immorality inside the undertaking or while performing work outside the workplace
- if the worker commits disrespectful acts against the employer or his/her relatives, except in the case of provocation
- if the workers commits acts causing serious disruption to the company's activity;
- if the worker (either intentionally or by negligence) seriously endangers the safety or operation of the establishment, or the persons therein safety or activity of the workers, or their health;
- if the worker deliberately damages the plant, machinery, tools, work implements, goods or merchandise
- if the worker is absent from work without any justification for two consecutive working days, or a total of three days within the same months; or
- If the worker, after imprisonment or pre-trial detention, comes back to work, within three days from the date of release, and s/he committed a crime against the employer or his/her relatives
- If the worker commits serious breaches of the obligations under the contract of employment
- In the event of disobedience to the employer (or employer's representative)
- If the worker drinks alcohol or takes drugs during working time or if s/he works under the effect of alcohol or drugs
- If the worker does not fulfil his/her obligations under art 24 LC
* According to art. 51 LC, inefficiency or negligence are not valid reason for dismissal, provided that they are caused by a disease or by a transfer to a superior assignment. In this case, the worker has the right to be reinstated in his/her previous position.
* According to art. 49 LC, the employment contract shall terminate, following a judicial decision authorizing the dismissal, in case of:
- closure of all or part of the undertaking or establishment, or final reduction of the activities, resulting from the unprofitably of the business;
- business closure caused by the exhaustion of the substance exploited by the extractive industry.
Y
Y *Article 55 LC: It is legally presumed that a worker is dismissed without just cause, except for those causes listed in the law.

*Art. 50 LC provides for a limited list of justified grounds for dismissals which relate mainly to the worker's conduct and capacity.
The employer can legally terminate (without notice) the contract under the following grounds:
- if the worker deceived the employer by means of false letters of recommendation or certificates when the contract was concluded. This ground ceases to be operative after the worker has completed 30 day's employment;
- due to the worker's repeated negligence;
- if the employer lost confidence in an employee exercising managerial surveillance or similar functions;
- if the worker reveals manufacturing secrets or communicates administrative matters to the detriment of the undertaking;
- if the worker commits serious acts of immorality inside the undertaking or while performing work outside the workplace
- if the worker commits disrespectful acts against the employer or his/her relatives, except in the case of provocation
- if the workers commits acts causing serious disruption to the company's activity;
- if the worker (either intentionally or by negligence) seriously endangers the safety or operation of the establishment, or the persons therein safety or activity of the workers, or their health;
- if the worker deliberately damages the plant, machinery, tools, work implements, goods or merchandise
- if the worker is absent from work without any justification for two consecutive working days, or a total of three days within the same months; or
- If the worker, after imprisonment or pre-trial detention, comes back to work, within three days from the date of release, and s/he committed a crime against the employer or his/her relatives
- If the worker commits serious breaches of the obligations under the contract of employment
- In the event of disobedience to the employer (or employer's representative)
- If the worker drinks alcohol or takes drugs during working time or if s/he works under the effect of alcohol or drugs
- If the worker does not fulfil his/her obligations under art 24 LC
* According to art. 51 LC, inefficiency or negligence are not valid reason for dismissal, provided that they are caused by a disease or by a transfer to a superior assignment. In this case, the worker has the right to be reinstated in his/her previous position.
* According to art. 49 LC, the employment contract shall terminate, following a judicial decision authorizing the dismissal, in case of:
- closure of all or part of the undertaking or establishment, or final reduction of the activities, resulting from the unprofitably of the business;
- business closure caused by the exhaustion of the substance exploited by the extractive industry.
Y
Y *Article 55 LC: It is legally presumed that a worker is dismissed without just cause, except for those causes listed in the law.

*Art. 50 LC provides for a limited list of justified grounds for dismissals which relate mainly to the worker's conduct and capacity.
The employer can legally terminate (without notice) the contract under the following grounds:
- if the worker deceived the employer by means of false letters of recommendation or certificates when the contract was concluded. This ground ceases to be operative after the worker has completed 30 day's employment;
- due to the worker's repeated negligence;
- if the employer lost confidence in an employee exercising managerial surveillance or similar functions;
- if the worker reveals manufacturing secrets or communicates administrative matters to the detriment of the undertaking;
- if the worker commits serious acts of immorality inside the undertaking or while performing work outside the workplace
- if the worker commits disrespectful acts against the employer or his/her relatives, except in the case of provocation
- if the workers commits acts causing serious disruption to the company's activity;
- if the worker (either intentionally or by negligence) seriously endangers the safety or operation of the establishment, or the persons therein safety or activity of the workers, or their health;
- if the worker deliberately damages the plant, machinery, tools, work implements, goods or merchandise
- if the worker is absent from work without any justification for two consecutive working days, or a total of three days within the same months; or
- If the worker, after imprisonment or pre-trial detention, comes back to work, within three days from the date of release, and s/he committed a crime against the employer or his/her relatives
- If the worker commits serious breaches of the obligations under the contract of employment
- In the event of disobedience to the employer (or employer's representative)
- If the worker drinks alcohol or takes drugs during working time or if s/he works under the effect of alcohol or drugs
- If the worker does not fulfil his/her obligations under art 24 LC
* According to art. 51 LC, inefficiency or negligence are not valid reason for dismissal, provided that they are caused by a disease or by a transfer to a superior assignment. In this case, the worker has the right to be reinstated in his/her previous position.
* According to art. 49 LC, the employment contract shall terminate, following a judicial decision authorizing the dismissal, in case of:
- closure of all or part of the undertaking or establishment, or final reduction of the activities, resulting from the unprofitably of the business;
- business closure caused by the exhaustion of the substance exploited by the extractive industry.
N N
2017 Estonia Europe Y
Y Art. 95(2) ECA. N N Y
Y Under the ECA, an employer can terminate an employment contract (referred to in the law as "extraordinary cancellation") only for a good reason as provided for in this Act and in accordance with the statutory prior notice requirements (art. 87 ECA).
The ECA provides a list of valid reasons for termination of employment by the employer which fall within 2 categories: reasons relating to the employee personally (art. 88 ECA) and economic reasons (art. 89 ECA).
Reasons relating to the employee personally:
- decrease in capacity for work due to the state of health,
- decrease of capacity for work due to insufficient work skills, - breach of duties,
- appearance at work in a state of intoxication,
- commission of a theft, fraud or an act bringing about the loss of the employer's trust in the employee,
- bringing about a third party's distrust in the employee,
- wrongfully causing damages to the employer's property,
- violation of the obligation to maintain confidentiality or violation of the restraint of trade clauses.
Economic reasons:
- if the continuance of the employment relationship on the agreed conditions becomes impossible due to a decrease in the work volume, reorganisation of work or other cessation of work (lay-off).
Y
Y Under the ECA, an employer can terminate an employment contract (referred to in the law as "extraordinary cancellation") only for a good reason as provided for in this Act and in accordance with the statutory prior notice requirements (art. 87 ECA).
The ECA provides a list of valid reasons for termination of employment by the employer which fall within 2 categories: reasons relating to the employee personally (art. 88 ECA) and economic reasons (art. 89 ECA).
Reasons relating to the employee personally:
- decrease in capacity for work due to the state of health,
- decrease of capacity for work due to insufficient work skills, - breach of duties,
- appearance at work in a state of intoxication,
- commission of a theft, fraud or an act bringing about the loss of the employer's trust in the employee,
- bringing about a third party's distrust in the employee,
- wrongfully causing damages to the employer's property,
- violation of the obligation to maintain confidentiality or violation of the restraint of trade clauses.
Economic reasons:
- if the continuance of the employment relationship on the agreed conditions becomes impossible due to a decrease in the work volume, reorganisation of work or other cessation of work (lay-off).
Y
Y Under the ECA, an employer can terminate an employment contract (referred to in the law as "extraordinary cancellation") only for a good reason as provided for in this Act and in accordance with the statutory prior notice requirements (art. 87 ECA).
The ECA provides a list of valid reasons for termination of employment by the employer which fall within 2 categories: reasons relating to the employee personally (art. 88 ECA) and economic reasons (art. 89 ECA).
Reasons relating to the employee personally:
- decrease in capacity for work due to the state of health,
- decrease of capacity for work due to insufficient work skills, - breach of duties,
- appearance at work in a state of intoxication,
- commission of a theft, fraud or an act bringing about the loss of the employer's trust in the employee,
- bringing about a third party's distrust in the employee,
- wrongfully causing damages to the employer's property,
- violation of the obligation to maintain confidentiality or violation of the restraint of trade clauses.
Economic reasons:
- if the continuance of the employment relationship on the agreed conditions becomes impossible due to a decrease in the work volume, reorganisation of work or other cessation of work (lay-off).
N N
2013 Ethiopia Africa Y
Y Art. 34 (1) LP. N N Y
Y Art. 26 (1) LP.
The LP defines limited grounds relating to the worker's conduct for resorting to termination without notice (art. 27 (1) LP). In addition, the grounds for termination with notice (relating to the worker's capacity or operational requirements) are listed in article 28 (1) and (2) LP).
Y
Y Art. 26 (1) LP.
The LP defines limited grounds relating to the worker's conduct for resorting to termination without notice (art. 27 (1) LP). In addition, the grounds for termination with notice (relating to the worker's capacity or operational requirements) are listed in article 28 (1) and (2) LP).
Y
Y Art. 26 (1) LP.
The LP defines limited grounds relating to the worker's conduct for resorting to termination without notice (art. 27 (1) LP). In addition, the grounds for termination with notice (relating to the worker's capacity or operational requirements) are listed in article 28 (1) and (2) LP).
N N
2019 Finland Europe Y
Y Sec. 2 & 3, chap. 9, ECA. Y
Y See: sec.1-3, chap. 7, ECA.
As a general condition, termination of employment cannot take place without a "proper and weighty reason". Two types of reasons are listed in the ECA: these are reasons connected with the employee's person (conduct, and capacity) and economic reasons.
N N N N N N N
2019 France Europe Y
Y The employer must communicate the motives of the contemplated decision and listen to the explanations provided by the worker during a prior oral interview: art L1232-3 LC.
In addition, the reasons behind the dismissal must be exposed in the letter of notification of the dismissal: art. L1232-6 LC
Y
Y Individual dismissal: must be justified by a serious and genuine cause ("cause réelle et sérieuse"): art. L 1232-1 LC
Dismissal for economic reasons: must also be justified by a serious and genuine cause: art. L 1233-2 LC. The Labour Code prescribes what can be recognized as an economic ground for dismissal : art. L 1233-3 LC.
N N N N N N N
2019 Gabon Africa Y
Y - Dismissal based on personal reasons: Art. 51 LC, as amended in 2010 by Order No. 018/PR/2010.
- Economic dismissal (consultation procedure): Art. 59 LC.
Y
Y Art. 50 LC. N N N N N N N
2019 Georgia Europe Y
Y The employer shall strictly comply with grounds for termination by providing reasons for dismissal. Under Article 38(4) LC, the employee is entitled to send a written request to the employer to justify the ground for dismissal within 30 calendar days after receipt of the dismissal notification. Article 38(5) LC further provides that the employer, within 7 calendar days from receipt of such request, shall justify in writing the grounds for contract termination. N N Y
Y Art. 37 Labour Code states that the following shall serve as grounds for termination of a labour agreement:
a) economic circumstances, technological, or organizational changes making it necessary to reduce workforce;
b) expiry of the labour agreement;
c) completion of the work provided for by a labour agreement; d) voluntary written application for resigning from a position/work by the employee; e) written agreement between the parties;
f) incompatibility of the employee’s qualifications or professional skills with the position held/work to be performed by the employee;
g) gross violation by the employee of his/her obligation under an individual labour agreement or a collective agreement and/or rules and regulations;
h) violation by the employee of his obligation under an individual labour agreement or a collective agreement and/or rules and regulations, if any of the disciplinary actions under such an individual labour agreement or a collective agreement and/or rules and regulations has already been administered in relation to the employee for the last one year;
i) unless otherwise provided for by the labour agreement, a long-term disability, if the period of disability exceeds 40 calendar days in a row, or the total disability period within six months exceeds 60 calendar days, and, at the same time, the employee has used the leave indicated in Article 21 of this Law;
j) entry into force of a court judgment or decision precluding the fulfillment of work; k) the final decision of finding a strike illegal delivered by the court in accordance with Article 51(6) of this Law;
l) death of an employer as a natural person or of an employee;
m) commencement of liquidation proceedings of an employer as a legal entity;
n) any other objective circumstance justifying termination of the labour agreement.

2. The violation of the obligation under the work rules and regulations set forth in Paragraph 1 (g) and (h) of this Article may serve as the basis for termination of a labour agreement only if the work rules and regulations are an integral part of the labour agreement.
Y
Y Art. 37 Labour Code states that the following shall serve as grounds for termination of a labour agreement:
a) economic circumstances, technological, or organizational changes making it necessary to reduce workforce;
b) expiry of the labour agreement;
c) completion of the work provided for by a labour agreement; d) voluntary written application for resigning from a position/work by the employee; e) written agreement between the parties;
f) incompatibility of the employee’s qualifications or professional skills with the position held/work to be performed by the employee;
g) gross violation by the employee of his/her obligation under an individual labour agreement or a collective agreement and/or rules and regulations;
h) violation by the employee of his obligation under an individual labour agreement or a collective agreement and/or rules and regulations, if any of the disciplinary actions under such an individual labour agreement or a collective agreement and/or rules and regulations has already been administered in relation to the employee for the last one year;
i) unless otherwise provided for by the labour agreement, a long-term disability, if the period of disability exceeds 40 calendar days in a row, or the total disability period within six months exceeds 60 calendar days, and, at the same time, the employee has used the leave indicated in Article 21 of this Law;
j) entry into force of a court judgment or decision precluding the fulfillment of work; k) the final decision of finding a strike illegal delivered by the court in accordance with Article 51(6) of this Law;
l) death of an employer as a natural person or of an employee;
m) commencement of liquidation proceedings of an employer as a legal entity;
n) any other objective circumstance justifying termination of the labour agreement.

2. The violation of the obligation under the work rules and regulations set forth in Paragraph 1 (g) and (h) of this Article may serve as the basis for termination of a labour agreement only if the work rules and regulations are an integral part of the labour agreement.
Y
Y Art. 37 Labour Code states that the following shall serve as grounds for termination of a labour agreement:
a) economic circumstances, technological, or organizational changes making it necessary to reduce workforce;
b) expiry of the labour agreement;
c) completion of the work provided for by a labour agreement; d) voluntary written application for resigning from a position/work by the employee; e) written agreement between the parties;
f) incompatibility of the employee’s qualifications or professional skills with the position held/work to be performed by the employee;
g) gross violation by the employee of his/her obligation under an individual labour agreement or a collective agreement and/or rules and regulations;
h) violation by the employee of his obligation under an individual labour agreement or a collective agreement and/or rules and regulations, if any of the disciplinary actions under such an individual labour agreement or a collective agreement and/or rules and regulations has already been administered in relation to the employee for the last one year;
i) unless otherwise provided for by the labour agreement, a long-term disability, if the period of disability exceeds 40 calendar days in a row, or the total disability period within six months exceeds 60 calendar days, and, at the same time, the employee has used the leave indicated in Article 21 of this Law;
j) entry into force of a court judgment or decision precluding the fulfillment of work; k) the final decision of finding a strike illegal delivered by the court in accordance with Article 51(6) of this Law;
l) death of an employer as a natural person or of an employee;
m) commencement of liquidation proceedings of an employer as a legal entity;
n) any other objective circumstance justifying termination of the labour agreement.

2. The violation of the obligation under the work rules and regulations set forth in Paragraph 1 (g) and (h) of this Article may serve as the basis for termination of a labour agreement only if the work rules and regulations are an integral part of the labour agreement.
N N
2017 Germany Europe Y
Y Sec. 1 PADA
Y
Y Sec. 1 (2) PADA:
Dismissal shall be socially justified by reasons relating to the employee's person or conduct or compelling operational requirements.
N N N N N N N
2020 Ghana Africa N N No legal provision requiring justification to the employee.
See however art. 63 (4) a) LA:
"A termination may be unfair if the employer fails to prove that the reason for the termination is fair".
N N Y
Y Art. 62 LC: "A termination of a worker's employment is fair if the contract of employment is terminated by the employer on any of the following grounds:
(a) that the worker is incompetent or lacks the qualification in relation to the work for which the worker is employed;
(b) the proven misconduct of the worker;
(c) redundancy under section 65;
(d) due to legal restriction imposed on the worker prohibiting the worker from performing the work for which he or she is employed".
Y
Y Art. 62 LC: "A termination of a worker's employment is fair if the contract of employment is terminated by the employer on any of the following grounds:
(a) that the worker is incompetent or lacks the qualification in relation to the work for which the worker is employed;
(b) the proven misconduct of the worker;
(c) redundancy under section 65;
(d) due to legal restriction imposed on the worker prohibiting the worker from performing the work for which he or she is employed".
Y
Y Art. 62 LC: "A termination of a worker's employment is fair if the contract of employment is terminated by the employer on any of the following grounds:
(a) that the worker is incompetent or lacks the qualification in relation to the work for which the worker is employed;
(b) the proven misconduct of the worker;
(c) redundancy under section 65;
(d) due to legal restriction imposed on the worker prohibiting the worker from performing the work for which he or she is employed".
N N
2019 Greece Europe N N The law does not require the employer to provide reasons to the employees when dismissing them.
However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).

Employers can draft a social plan, but they are not obliged to do so (Law No. 1387/1983, art. 3(4)). However, during consultation, the parties should cover ways to avoid or reduce the need for dismissals and to mitigate their adverse effects (Law No. 1337/1983, art. 3(1); Law No. 1387/1983, art. 3(4)).
N N N N N N N Y
Y - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

-Fixed-term contracts:
FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.
2019 Guatemala Americas Y
Y Article 87 of Labour Code provides that regardless the motive in which is based the termination, at the end of every employment contract the employer must provide a letter to the worker, containing the dates of beginning and end of the contratc, salary received and type or work performed. Should the worker requires, the employer must also include information related to the performance and reasons for termination.
According to article 78 if the termination of the employment contract occurs due to disciplinary reasons, the worker is entitled to receive also a communication including the cause of the dismissal.
N N N N N N N Y
Y According to article 82 of Labour Code an unfair dismissal is possible, which means that the employer can dismiss an employee without cause provided severance indemnity (indemnización por tiempo servido) is paid (article 82 LC).
Also, article 77 of Labour Code defines just causes for dismissal which are related mainly to disciplinary reasons: a) If the employee has acted with lack of integrity and honor during the execution of tasks and has incurred in slander against the employer or his representatives, b) If the employee commits any of the aforementioned acts against one of his fellow co-workers, causing alteration to the workplace’s order or the interruption of the work, c) If during non working hours the employee commits any of the aforementioned acts against the employer or his representatives, d) If the employee commits any felony or fault against the property of the employer or fellow co-workers or a third party in the establishment, and if the employee causes serious damage, intentionally, with negligence or recklessness, to the machinery, equipment, raw materials, products and any other objects related to their works, e) If the employee reveals manufacturing secrets (article 63 letter g), f) If the employee does not attend work during two consecutive days or six half days in a period of one month, g) If the employee manifiestly refuses to adopt preventive measures or follow procedures established by law, to avoid accidents or illnesses; or when the employee refuses to adopt the instructions given by the employer o his representatives to obtain better performance and efficiency in his tasks, h) if the employer infringes any of the prohibitions stated in article 64 LC or in the duly approved internal manual, after being warned in written by the employer. Prior warning is not required if the employee is under the effects of alcohol, and as a consequence endangeres life and security of people or assets of the employer, l) if the worker deceived the employer pretending to have capacities or knowledge he does not poses or by means of false letters of recommendation or certificates, j) If the employee has been sentenced to prison by irrevocable judgment, k) If the employee violates any other obligation of the employment agreement.

2019 Honduras Americas Y
Y Article 117 of Labour Code provides the party who decides unilaterally to put an end to the employment contract must give the notice in writing, personally to the other party, but if the contract is verbal, it can be donw in the presence of two witnesses, with an expression of the cause or motive that motivates it to make that determination. N N Y
Y Article 11 provides general reasons that allow the termination of employment, basically related to: a) mutual consent; b) death of worker; c) permanent illness of worker; d) imprisonment of worker; e) unforeseeable circumstances or force majeure; f) circumstances that provoke loss of trust on managerial level workers; g) suspension of enterprise activities due to economic reasons for more than 120 days; h) bankruptcy or insolvency; i) determination by the competent authority.

Article 112 provides a list of just causes which allow the employer to dismiss an employee by disciplinary reasons without severance payment:
a) deceit by means of false letters of recommendation or certificates, b)- acts of violence, insults, or serious indiscipline at work against the employer or his/her relatives, c) deliberate material damages against the plant, machinery, tools, goods or merchandise and any serious negligence endangering the safety of the workers or the material, d) acts of immorality, e) revealing manufacturing secrets, f) criminal conviction,
g) unjustified absence from work without any justification for two consecutive working days, or a total of three days within the same months, h) repeated failure to adopt the preventive measures or to follow the proper procedure to avoid accidents at work and occupational diseases, i) obvious incapacity and inefficiency to fulfil the obligations under the contract, j) infectious disease or mnetal illness when the worker refuses treatment, k)serious misconduct and serious breaches of the obligations under the contract of employment.

Y
Y Article 11 provides general reasons that allow the termination of employment, basically related to: a) mutual consent; b) death of worker; c) permanent illness of worker; d) imprisonment of worker; e) unforeseeable circumstances or force majeure; f) circumstances that provoke loss of trust on managerial level workers; g) suspension of enterprise activities due to economic reasons for more than 120 days; h) bankruptcy or insolvency; i) determination by the competent authority.

Article 112 provides a list of just causes which allow the employer to dismiss an employee by disciplinary reasons without severance payment:
a) deceit by means of false letters of recommendation or certificates, b)- acts of violence, insults, or serious indiscipline at work against the employer or his/her relatives, c) deliberate material damages against the plant, machinery, tools, goods or merchandise and any serious negligence endangering the safety of the workers or the material, d) acts of immorality, e) revealing manufacturing secrets, f) criminal conviction,
g) unjustified absence from work without any justification for two consecutive working days, or a total of three days within the same months, h) repeated failure to adopt the preventive measures or to follow the proper procedure to avoid accidents at work and occupational diseases, i) obvious incapacity and inefficiency to fulfil the obligations under the contract, j) infectious disease or mnetal illness when the worker refuses treatment, k)serious misconduct and serious breaches of the obligations under the contract of employment.

Y
Y Article 11 provides general reasons that allow the termination of employment, basically related to: a) mutual consent; b) death of worker; c) permanent illness of worker; d) imprisonment of worker; e) unforeseeable circumstances or force majeure; f) circumstances that provoke loss of trust on managerial level workers; g) suspension of enterprise activities due to economic reasons for more than 120 days; h) bankruptcy or insolvency; i) determination by the competent authority.

Article 112 provides a list of just causes which allow the employer to dismiss an employee by disciplinary reasons without severance payment:
a) deceit by means of false letters of recommendation or certificates, b)- acts of violence, insults, or serious indiscipline at work against the employer or his/her relatives, c) deliberate material damages against the plant, machinery, tools, goods or merchandise and any serious negligence endangering the safety of the workers or the material, d) acts of immorality, e) revealing manufacturing secrets, f) criminal conviction,
g) unjustified absence from work without any justification for two consecutive working days, or a total of three days within the same months, h) repeated failure to adopt the preventive measures or to follow the proper procedure to avoid accidents at work and occupational diseases, i) obvious incapacity and inefficiency to fulfil the obligations under the contract, j) infectious disease or mnetal illness when the worker refuses treatment, k)serious misconduct and serious breaches of the obligations under the contract of employment.

N N
2019 Hungary Europe Y
Y Sec. 66(1) LC provides that "employers are required to justify their dismissals". However, there are various exceptions to this principle. N N Y
Y •Pursuant to sec. 66(2) of the LC in connection with his/her ability, his/her behavior in relation to the employment relationship or with the employer's operations. No justification shall be attached to the dismissal if the employee qualifies as a pensioneer (LC, sec. 66(9)) or as an executive employee (LC, sec. 210(1)b)).

•Pursuant to sec. 66(8) of the LC the termination of an unfixed term employment contract by the employer can be justified
a) if the employer undergoes liquidation or bankruptcy proceedings; or
b) for reasons related to the employee’s ability; or
c) if maintaining the employment relationship is no longer possible due to unavoidable external reasons.
No justification shall be attached to the dismissal if the employee qualifies as an executive employee (LC, sec. 210(1)b)).

•The employer is not required to give reasons for terminating any employment relationship without notice during the trial period (LC, sec. 79(1)a)) or, in case of fixed-term employment relationships, if the employer pays the wage for the dismissed employer for twelve months, or if the time remaining from the fixed period is less than one year, for the remaining time period (LC, sec. 79(1)b), (2)).
Y
Y •Pursuant to sec. 66(2) of the LC in connection with his/her ability, his/her behavior in relation to the employment relationship or with the employer's operations. No justification shall be attached to the dismissal if the employee qualifies as a pensioneer (LC, sec. 66(9)) or as an executive employee (LC, sec. 210(1)b)).

•Pursuant to sec. 66(8) of the LC the termination of an unfixed term employment contract by the employer can be justified
a) if the employer undergoes liquidation or bankruptcy proceedings; or
b) for reasons related to the employee’s ability; or
c) if maintaining the employment relationship is no longer possible due to unavoidable external reasons.
No justification shall be attached to the dismissal if the employee qualifies as an executive employee (LC, sec. 210(1)b)).

•The employer is not required to give reasons for terminating any employment relationship without notice during the trial period (LC, sec. 79(1)a)) or, in case of fixed-term employment relationships, if the employer pays the wage for the dismissed employer for twelve months, or if the time remaining from the fixed period is less than one year, for the remaining time period (LC, sec. 79(1)b), (2)).
Y
Y •Pursuant to sec. 66(2) of the LC in connection with his/her ability, his/her behavior in relation to the employment relationship or with the employer's operations. No justification shall be attached to the dismissal if the employee qualifies as a pensioneer (LC, sec. 66(9)) or as an executive employee (LC, sec. 210(1)b)).

•Pursuant to sec. 66(8) of the LC the termination of an unfixed term employment contract by the employer can be justified
a) if the employer undergoes liquidation or bankruptcy proceedings; or
b) for reasons related to the employee’s ability; or
c) if maintaining the employment relationship is no longer possible due to unavoidable external reasons.
No justification shall be attached to the dismissal if the employee qualifies as an executive employee (LC, sec. 210(1)b)).

•The employer is not required to give reasons for terminating any employment relationship without notice during the trial period (LC, sec. 79(1)a)) or, in case of fixed-term employment relationships, if the employer pays the wage for the dismissed employer for twelve months, or if the time remaining from the fixed period is less than one year, for the remaining time period (LC, sec. 79(1)b), (2)).
N N
2019 India Asia Y
Y Sec. 13 MSO and Sec. 25F IDA.
NOTE: The Model Standing Orders (MSO) are a default not a mandatory rule i.e. the employer may adopt them as provided but employers are permitted to derogate/amend them on a case by case basis.
N N Y
Y Sec. 150B IDA reads as following:
"1*[(oo)"retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include--
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or
2*[(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]
(c) termination of the service of a workman on the ground of continued ill-health;] "


Sec. 17 MSO provides for an exhaustive list of the instances when dismissal for the reasons of misconduct is justified:
(a) Theft, fraud, or dishonesty in connection with the employer's business or property.
(b) Taking or giving of bribes or an illegal gratification whatsoever in connection with the employer's
business or his own interests.
(c) Willful insubordination or disobedience, whether alone or in conjunction with another or others, or of
any lawful or reasonable order of a superior. The order of the superior should normally be in writing.
(d) Habitual late attendance and habitual absence without leave or without sufficient cause.
(e) Drunkenness, fighting or riotous, disorderly or indecent behaviors while on duty at the place of work.
(f) Habitual neglect of work.
(g) Habitual indiscipline.
(h) Smoking underground within the area in places where it is prohibited.
(i) Causing willful damage to work in progress or to property of the employer.
(j) Sleeping on duty.
(k) Malingering or showing down work.
(l) Acceptance of gifts from subordinate employees.
(m) Conviction in any Court of Law for any criminal offence involving moral turpitude.
(n) Continuous absence without permission and without satisfactory cause
for more than ten days.
(o) Giving false information regarding one's name, age, father's name,
qualification or previous service at the time of the employment.
(p) Leaving work without permission or sufficient reason.
(q) Any breach of the Mines Act, 1952, or any other Act or any rules,
regulations or bye-laws there under, or of any Standing Orders.
(r) Threatening, abusing or assaulting any superior or co-worker.
(s) Habitual money-lending.
(t) Preaching of or inciting to violence.
(u) Abetment of or attempt at abetment of any of the above acts of
misconduct.
(v) Going on illegal strike either singly or with other workers with out giving 14 day's previous notice.
(w) Disclosing to any unauthorized person of any confidential information in regard to the working or
process of the establishment which may come into the possession of the workman in the course of his work.
(x) Refusal to accepted any charge-sheet or order or notice communicated in writing.
(y) Failure or refusal to wear or use any protective equipment given by the employers
N N Y
Y Sec. 150B IDA reads as following:
"1*[(oo)"retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include--
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or
2*[(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]
(c) termination of the service of a workman on the ground of continued ill-health;] "


Sec. 17 MSO provides for an exhaustive list of the instances when dismissal for the reasons of misconduct is justified:
(a) Theft, fraud, or dishonesty in connection with the employer's business or property.
(b) Taking or giving of bribes or an illegal gratification whatsoever in connection with the employer's
business or his own interests.
(c) Willful insubordination or disobedience, whether alone or in conjunction with another or others, or of
any lawful or reasonable order of a superior. The order of the superior should normally be in writing.
(d) Habitual late attendance and habitual absence without leave or without sufficient cause.
(e) Drunkenness, fighting or riotous, disorderly or indecent behaviors while on duty at the place of work.
(f) Habitual neglect of work.
(g) Habitual indiscipline.
(h) Smoking underground within the area in places where it is prohibited.
(i) Causing willful damage to work in progress or to property of the employer.
(j) Sleeping on duty.
(k) Malingering or showing down work.
(l) Acceptance of gifts from subordinate employees.
(m) Conviction in any Court of Law for any criminal offence involving moral turpitude.
(n) Continuous absence without permission and without satisfactory cause
for more than ten days.
(o) Giving false information regarding one's name, age, father's name,
qualification or previous service at the time of the employment.
(p) Leaving work without permission or sufficient reason.
(q) Any breach of the Mines Act, 1952, or any other Act or any rules,
regulations or bye-laws there under, or of any Standing Orders.
(r) Threatening, abusing or assaulting any superior or co-worker.
(s) Habitual money-lending.
(t) Preaching of or inciting to violence.
(u) Abetment of or attempt at abetment of any of the above acts of
misconduct.
(v) Going on illegal strike either singly or with other workers with out giving 14 day's previous notice.
(w) Disclosing to any unauthorized person of any confidential information in regard to the working or
process of the establishment which may come into the possession of the workman in the course of his work.
(x) Refusal to accepted any charge-sheet or order or notice communicated in writing.
(y) Failure or refusal to wear or use any protective equipment given by the employers
N N
2019 Indonesia Asia Y
Y No express obligation to state the reasons for dismissal. However, according to art. 151 (2) MA: the employer must negotiate directly with the worker (who is not unionized) or, the trade union he belongs to about his intention to carry out the dismissal.
N N Y
Y See:
* Art. 168 MA: absence from work for more than 5 days without justified reason,
* Art. 161 MA: violation of the provisions specified in the work agreement, the company regulations or the collective agreement,
* Art. 160 (3) MA: inability to work for reasons related to legal criminal proceeding,
* Art. 163, 164 and 165 MA: economic reasons (change of status of the enterprise, closing down due to continuous losses, bankruptcy).
NOTE: Art. 158 MA (grave wrongdoings) was declared null and void by Constitutional Court Decision No.012/PUU-I/2003.
Y
Y See:
* Art. 168 MA: absence from work for more than 5 days without justified reason,
* Art. 161 MA: violation of the provisions specified in the work agreement, the company regulations or the collective agreement,
* Art. 160 (3) MA: inability to work for reasons related to legal criminal proceeding,
* Art. 163, 164 and 165 MA: economic reasons (change of status of the enterprise, closing down due to continuous losses, bankruptcy).
NOTE: Art. 158 MA (grave wrongdoings) was declared null and void by Constitutional Court Decision No.012/PUU-I/2003.
Y
Y See:
* Art. 168 MA: absence from work for more than 5 days without justified reason,
* Art. 161 MA: violation of the provisions specified in the work agreement, the company regulations or the collective agreement,
* Art. 160 (3) MA: inability to work for reasons related to legal criminal proceeding,
* Art. 163, 164 and 165 MA: economic reasons (change of status of the enterprise, closing down due to continuous losses, bankruptcy).
NOTE: Art. 158 MA (grave wrongdoings) was declared null and void by Constitutional Court Decision No.012/PUU-I/2003.
N N
2010 Iran, Islamic Republic of Asia Y
Y No statutory obligation to state the reasons for dismissal.
However, according to sec. 27 LC, no disciplinary dismissal can take before prior written warnings have been given to the employee to correct his/her behaviour.
N N Y
Y Where a worker is negligent in discharging his or her duties or if, after written warnings, he or she continues to violate the disciplinary rules of the workplace, the employer shall, provided that the Islamic Council is in agreement, pay the worker a sum equal to his or her last monthly wage for each year of service, and to terminate his or her employment contract (sec. 27 LC).
In addition, according to sec. 21 LC (as amended) "the employment agreement may be terminated in any of the following cases:
a) Death of worker.
b) Retirement of worker.
c) Total disability of worker.
d) Expiry of duration of definite employment agreements and their non-renewal explicitly or implicitly.
e) Completion of work in the contracts for specific task.
f) Resignation of worker.
g) Reduced production and structural changes imposed by economic, social and cultural developments calling for vast technological changes as provided in Article 9 of the Law Facilitating the Renovation of Industries.
Economic reasons as authorized valid grounds for termination of employment result from an amendment to the 1990 Labour Code (not included in the electronic version of the text provided under "references"). Source of information: "LIS 643 and 644, Day 25 & Bahman 2, 1387 ( 14-21/01/2009)", by Pars Associates, Attorneys-at-Law, published on the "Blog of Guillot-Pars associates" (http://avocats.fr/space/guillot-pars), available at: http://avocats.fr/space/guillot-pars/content/lis-643et-644-des-25-day-et-2-bahman-1387---14-21-01-2009_C4307EB5-3EC5-42B5-8693-C392E41F5282.
Y
Y Where a worker is negligent in discharging his or her duties or if, after written warnings, he or she continues to violate the disciplinary rules of the workplace, the employer shall, provided that the Islamic Council is in agreement, pay the worker a sum equal to his or her last monthly wage for each year of service, and to terminate his or her employment contract (sec. 27 LC).
In addition, according to sec. 21 LC (as amended) "the employment agreement may be terminated in any of the following cases:
a) Death of worker.
b) Retirement of worker.
c) Total disability of worker.
d) Expiry of duration of definite employment agreements and their non-renewal explicitly or implicitly.
e) Completion of work in the contracts for specific task.
f) Resignation of worker.
g) Reduced production and structural changes imposed by economic, social and cultural developments calling for vast technological changes as provided in Article 9 of the Law Facilitating the Renovation of Industries.
Economic reasons as authorized valid grounds for termination of employment result from an amendment to the 1990 Labour Code (not included in the electronic version of the text provided under "references"). Source of information: "LIS 643 and 644, Day 25 & Bahman 2, 1387 ( 14-21/01/2009)", by Pars Associates, Attorneys-at-Law, published on the "Blog of Guillot-Pars associates" (http://avocats.fr/space/guillot-pars), available at: http://avocats.fr/space/guillot-pars/content/lis-643et-644-des-25-day-et-2-bahman-1387---14-21-01-2009_C4307EB5-3EC5-42B5-8693-C392E41F5282.
Y
Y Where a worker is negligent in discharging his or her duties or if, after written warnings, he or she continues to violate the disciplinary rules of the workplace, the employer shall, provided that the Islamic Council is in agreement, pay the worker a sum equal to his or her last monthly wage for each year of service, and to terminate his or her employment contract (sec. 27 LC).
In addition, according to sec. 21 LC (as amended) "the employment agreement may be terminated in any of the following cases:
a) Death of worker.
b) Retirement of worker.
c) Total disability of worker.
d) Expiry of duration of definite employment agreements and their non-renewal explicitly or implicitly.
e) Completion of work in the contracts for specific task.
f) Resignation of worker.
g) Reduced production and structural changes imposed by economic, social and cultural developments calling for vast technological changes as provided in Article 9 of the Law Facilitating the Renovation of Industries.
Economic reasons as authorized valid grounds for termination of employment result from an amendment to the 1990 Labour Code (not included in the electronic version of the text provided under "references"). Source of information: "LIS 643 and 644, Day 25 & Bahman 2, 1387 ( 14-21/01/2009)", by Pars Associates, Attorneys-at-Law, published on the "Blog of Guillot-Pars associates" (http://avocats.fr/space/guillot-pars), available at: http://avocats.fr/space/guillot-pars/content/lis-643et-644-des-25-day-et-2-bahman-1387---14-21-01-2009_C4307EB5-3EC5-42B5-8693-C392E41F5282.
N N
2019 Italy Europe Y
Y Article 2 of Law No. 604 of 1966 as amended by Article 1(37) of Law No. 92 of 2012.
An employer has to serve the dismissal in writing to the relevant employee, outlining the reasons grounding the dismissal.
Y
Y •A dismissal is unfair unless it is for a just cause (no notice required) or a justified reason (notice required)
See Article 1 and Article 3 of Law No. 604 of 1966 and Article 2119 CC.

According to Article 2119 C.C., a just cause is a very serious misconduct committed by one of the parties, which prevent them to continue the employment relationship even during the notice period.
According to Article 3 of Law No. 604 of 1966, a justified reason can be: a) a serious misconduct committed by an employee (subjective justified reason); or b) a reason regarding the production process, the organization of work or the smooth running of the undertaking (objective justified reason).
N N N N N N N
2019 Japan Asia Y
Y Upon request of the dismissed worker, the employer shall issue a certificate indicating the reason for dismissal in writing and without delay, i.e. between the advance notice and the last day of employment (sec. 22, LSA). There is an administrative circular issued in 2003 on a model certificate form. Y
Y Statutorily-established grounds:
1) objectively reasonable grounds, not considered to be appropriate in general social terms;
2) inclusion in work rules matters pertaining to termination of employment including grounds for dismissal and, if disciplinary measures are set up, matters pertaining to their nature and limits and submission of these work rules to local labour inspectorates (in case of employers with more than 10 workers).
Grounds established through case law: worker’s misconduct, worker’s capacity, economic reasons, requirement of union shop agreement.

Indefinite contracts:
Under the Civil Code, both parties can terminate an employment contract of indefinite duration at will, provided that two weeks' notice is given (section 627(1), CC).
However, the freedom of the employer to dismiss an employee has been restricted by the Japanese courts based on the doctrine of abusive dismissal. The prohibition of abusive dismissal can now be found under section 16 of LCA.
Sec 16 of LCA: If a dismissal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, it is treated as an abuse of rights and is invalid.

Note: There is no statutory provision regarding what constitutes “objectively reasonable grounds” in terms of sec. 16 of LCA. However, rational reasons which may justify an ordinary dismissal under the doctrine of abusive dismissal --that have been established as a case law principle over the years-- can be divided into four types: (i) misconduct, (ii) incompetence, (iii) economic reasons, and (iv) requirement of union shop agreement.
Sec 89 of LSA: Employers who continuously employ 10 or more workers shall draw up work rules covering, among other, matters pertaining to termination of employment, including grounds for dismissal and if disciplinary measures are set up, matters pertaining to their nature and limits, and shall submit those work rules to the relevant government agency (local labour inspectorate).

Note: Although there are no listed statutory grounds for both disciplinary and ordinary dismissal, these grounds are generally included in collective agreements and/or in the work rules (Shugyo-Kisoku). The causes of disciplinary action are therefore limited to those explicitly specified in the shugyo-kisoku and a disciplinary dismissal without any specified cause is void.
Similarly, many collective agreements stipulate the causes and procedures for an ordinary dismissal as well as a disciplinary dismissal. The courts have held that a dismissal which is not based on the reasons specified in the collective agreement is void. Most courts have also held that a dismissal which has not gone through consultation procedures provided under collective bargaining agreements is void (See Hanami,T; Komiya, F; Yamakawa, R.: 'Japan', in R. Blanpain (ed.): International encyclopaedia for labour law and industrial relations (The Hague, Kluwer Law International, 2015).

Regarding work rules and collective agreements, see sec. 90: In drawing up or changing the work rules, the employer shall ask the opinion of either a labor union organized by a majority of the workers at the workplace concerned (in cases where such labour union exists), or a person representing a majority of the workers (in cases where such union does not exist).
See also sec. 92: The rules of employment shall not infringe any laws and regulations or any collective agreement applicable to the workplace concerned.
Sec. 17(1) of LCA provides that an employer may not dismiss a worker until the expiration of the term of such labour contract, unless there are unavoidable grounds.

Section 19 of LCA: if, by the expiration date of the contract term of a fixed-term labour contract which falls under any of the following items, a worker applies for a renewal of the said fixed-term labour contract, or if a worker applies for the conclusion of another fixed-term labour contract without delay after the said contract term expires, and the employer's refusal to accept the said application lacks objectively reasonable grounds and is not found to be appropriate in general societal terms, it is deemed that the employer accepts the said application with the same labour conditions as the contents of the prior fixed-term labour contract:
i)the said fixed-term labour contract has been repeatedly renewed in the past, and it is found that terminating the said fixed-term labour contract by not renewing it when the contract term expires is, in general social terms, equivalent to terminating a labour contract without a fixed term by expressing the intention to fire a worker who has concluded the said labour contract without a fixed term;
ii)it is found that there are reasonable grounds upon which the said Worker expects the said fixed-term labour contract to be renewed when the said fixed-term labour contract expires.
N N N N N N N
2019 Jordan Arab States N N The LL does not require the employer to provide the reasons for termination. The party who intends to terminate the contract is only requested to notify the other party in writing of his or her intention to terminate the contract (art. 23 LL). N N N N N N N Y
Y The LL does not list Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given.
This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.

The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).
2019 Kazakhstan Europe Y
Y Art. 53 of the Labour Code N N Y
Y Art. 52 of the Labour Code states that:

1.An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
1) liquidation of a legal entity employer or termination of the activities of an individual employer;
2) reduction in staff numbers or positions;
3) decrease in the volume of production, work performed and services provided, which led to worsening of the economic state of the employer;
4) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
5) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
6) repeated failure to verify the knowledge on safety and health or industrial safety issues by the employee responsible for ensuring the safety and health of the work of the organization carrying out production activities
7) a negative result of work performed during a probationary period;
8) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
9) presence of the employee at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, toxicomaniac intoxication, confirmed by the relevant act
11) violation by the employee of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
12) theft (including minor theft) by the employee in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
13) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose his trust in him;
14) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
15) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
16) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
17) knowing provision by the employee to the employer of false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
18) violation by the head of the employer’s executive body, his deputy or heads of subdivisions of the employer of their job duties resulting in material damage to the employer;
19) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
20) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
For an employee disabled in connection with an industrial accident or occupational disease, his job (position) is retained until his working capacity is restored or disability established;
21) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of his continued work.
22) continuation of the employee's participation in the strike after bringing to their attention the court's decision to recognize the strike as illegal or to suspend the strike;
23) termination of authority of the head of the executive body, members of the collegial executive body of the legal persons, as well as in accordance with the Law of the Republic of Kazakhstan "On Joint-Stock Companies" employees of the internal audit service and the corporate sector by decision of the owner of the property of the legal entity or authorized by the owner of the legal persons;
24) the employee's achievement of the retirement age established by clause 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
25) employees absence from work for more than one month, for reasons unknown to the employer. (...)
Y
Y Art. 52 of the Labour Code states that:

1.An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
1) liquidation of a legal entity employer or termination of the activities of an individual employer;
2) reduction in staff numbers or positions;
3) decrease in the volume of production, work performed and services provided, which led to worsening of the economic state of the employer;
4) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
5) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
6) repeated failure to verify the knowledge on safety and health or industrial safety issues by the employee responsible for ensuring the safety and health of the work of the organization carrying out production activities
7) a negative result of work performed during a probationary period;
8) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
9) presence of the employee at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, toxicomaniac intoxication, confirmed by the relevant act
11) violation by the employee of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
12) theft (including minor theft) by the employee in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
13) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose his trust in him;
14) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
15) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
16) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
17) knowing provision by the employee to the employer of false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
18) violation by the head of the employer’s executive body, his deputy or heads of subdivisions of the employer of their job duties resulting in material damage to the employer;
19) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
20) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
For an employee disabled in connection with an industrial accident or occupational disease, his job (position) is retained until his working capacity is restored or disability established;
21) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of his continued work.
22) continuation of the employee's participation in the strike after bringing to their attention the court's decision to recognize the strike as illegal or to suspend the strike;
23) termination of authority of the head of the executive body, members of the collegial executive body of the legal persons, as well as in accordance with the Law of the Republic of Kazakhstan "On Joint-Stock Companies" employees of the internal audit service and the corporate sector by decision of the owner of the property of the legal entity or authorized by the owner of the legal persons;
24) the employee's achievement of the retirement age established by clause 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
25) employees absence from work for more than one month, for reasons unknown to the employer. (...)
Y
Y Art. 52 of the Labour Code states that:

1.An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
1) liquidation of a legal entity employer or termination of the activities of an individual employer;
2) reduction in staff numbers or positions;
3) decrease in the volume of production, work performed and services provided, which led to worsening of the economic state of the employer;
4) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
5) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
6) repeated failure to verify the knowledge on safety and health or industrial safety issues by the employee responsible for ensuring the safety and health of the work of the organization carrying out production activities
7) a negative result of work performed during a probationary period;
8) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
9) presence of the employee at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, toxicomaniac intoxication, confirmed by the relevant act
11) violation by the employee of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
12) theft (including minor theft) by the employee in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
13) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose his trust in him;
14) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
15) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
16) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
17) knowing provision by the employee to the employer of false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
18) violation by the head of the employer’s executive body, his deputy or heads of subdivisions of the employer of their job duties resulting in material damage to the employer;
19) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
20) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
For an employee disabled in connection with an industrial accident or occupational disease, his job (position) is retained until his working capacity is restored or disability established;
21) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of his continued work.
22) continuation of the employee's participation in the strike after bringing to their attention the court's decision to recognize the strike as illegal or to suspend the strike;
23) termination of authority of the head of the executive body, members of the collegial executive body of the legal persons, as well as in accordance with the Law of the Republic of Kazakhstan "On Joint-Stock Companies" employees of the internal audit service and the corporate sector by decision of the owner of the property of the legal entity or authorized by the owner of the legal persons;
24) the employee's achievement of the retirement age established by clause 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
25) employees absence from work for more than one month, for reasons unknown to the employer. (...)
N N
2019 Korea, Republic of Asia Y
Y Article 27 LSA (Written Notification of Reasons for Dismissal): "(1) If an employer intends to dismiss a worker, the employer shall notify the worker of reasons for dismissal and the date of such dismissal in writing. (2) The dismissal of a worker shall take effect only after the written notification is given to the worker pursuant to paragraph (1)." Y
Y Art. 23 (1) LSA: "No employer shall dismiss, lay off (..) a worker without justifiable reasons".
Art. 24 (1) LSA (dismissal for managerial reasons).
N N N N N N N
2019 Kyrgyzstan Europe Y
Y Art. 83 and 85 LC N N Y
Y Art. 83 LC Y
Y Art. 83 LC Y
Y Art. 83 LC N N
2019 Lesotho Africa Y
Y Art. 69 (1) LC: "The employer shall provide a written statement of the reason for dismissal [...] to any employee who is dismissed. Such statement shall be given to the employee either before dismissal, at the time of dismissal or within four weeks of the dismissal having taken effect".

"Where an employer has given no written statement in accordance with subsection, or if the material details of the statement are incorrect, the Court may (a) declare the reasons for the dismissal; and (b) award, in addition to other possible relief, two weeks' wages to the employee": art. 69 (5) LC.
N N Y
Y Art. 66 (1) LC: An employee shall not be dismissed, whether adequate notice is given or not, unless there is a valid reason for termination of employment, which reason is
(a) connected with the capacity of the employee to do the work the employee is employed to do (including but not limited to an employee's fraudulent misrepresentation of having specific skills required for a skilled post);
(b) connected with the conduct of the employee at the workplace; or
(c) based on the operational requirements of the undertaking, establishment or service.

Art. 10 of the Codes of Good Practice (not binding) provides extensive guidance on establishing the fairness of a reason for dismissal on the grounds of misconduct. Further guidance is provided in Art. 13 relating to dismissal on the basis of poor work performance; Art. 15 regarding dismissal on the grounds of incapacity or incompatibility; Art. 16 regarding dismissal on the grounds of ill health or injury; and Art. 18 on dismissal relating to participation in an unprotected strike.
Y
Y Art. 66 (1) LC: An employee shall not be dismissed, whether adequate notice is given or not, unless there is a valid reason for termination of employment, which reason is
(a) connected with the capacity of the employee to do the work the employee is employed to do (including but not limited to an employee's fraudulent misrepresentation of having specific skills required for a skilled post);
(b) connected with the conduct of the employee at the workplace; or
(c) based on the operational requirements of the undertaking, establishment or service.

Art. 10 of the Codes of Good Practice (not binding) provides extensive guidance on establishing the fairness of a reason for dismissal on the grounds of misconduct. Further guidance is provided in Art. 13 relating to dismissal on the basis of poor work performance; Art. 15 regarding dismissal on the grounds of incapacity or incompatibility; Art. 16 regarding dismissal on the grounds of ill health or injury; and Art. 18 on dismissal relating to participation in an unprotected strike.
Y
Y Art. 66 (1) LC: An employee shall not be dismissed, whether adequate notice is given or not, unless there is a valid reason for termination of employment, which reason is
(a) connected with the capacity of the employee to do the work the employee is employed to do (including but not limited to an employee's fraudulent misrepresentation of having specific skills required for a skilled post);
(b) connected with the conduct of the employee at the workplace; or
(c) based on the operational requirements of the undertaking, establishment or service.

Art. 10 of the Codes of Good Practice (not binding) provides extensive guidance on establishing the fairness of a reason for dismissal on the grounds of misconduct. Further guidance is provided in Art. 13 relating to dismissal on the basis of poor work performance; Art. 15 regarding dismissal on the grounds of incapacity or incompatibility; Art. 16 regarding dismissal on the grounds of ill health or injury; and Art. 18 on dismissal relating to participation in an unprotected strike.
N N
2019 Luxembourg Europe Y
Y Except for cases of termination for serious misconduct provided for by section L.124-10 of the Labour Code, there is no legal requirement for the employer to indicate a reason for termination when notifying the employee. However, Art. L. 124-5 LC provides that the employer shall provide the reasons for termination upon request by the employee dsmissed.
________________
Art. L. 124-5 LC:
(1) Dans un délai d’un mois à compter de la notification du licenciement conformément aux dispositions de l’article L. 124-3, le salarié peut, par lettre recommandée, demander à l’employeur les motifs du licenciement.
(2) L’employeur est tenu d’énoncer avec précision par lettre recommandée, au plus tard un mois après la notification de la lettre recommandée, le ou les motifs du licenciement liés à l’aptitude ou à la conduite du salarié ou fondés sur les nécessités du fonctionnement de l’entreprise, de l’établissement ou du service qui doivent être réels et sérieux. (...)
N N Y
Y Art. L 124-5 (2) LC : the employer is required to provide to the employee upon his/her request, in a precise way, the grounds for the dismissal related to the employee's ability or conduct or based on the operational requirements of the company, establishment or service, which must be real and serious. Y
Y Art. L 124-5 (2) LC : the employer is required to provide to the employee upon his/her request, in a precise way, the grounds for the dismissal related to the employee's ability or conduct or based on the operational requirements of the company, establishment or service, which must be real and serious. Y
Y Art. L 124-5 (2) LC : the employer is required to provide to the employee upon his/her request, in a precise way, the grounds for the dismissal related to the employee's ability or conduct or based on the operational requirements of the company, establishment or service, which must be real and serious. N N
2019 Madagascar Africa Y
Y Art. 21 LC. Y
Y Art. 20 LC: Termination of employment is unfair if it is not justified by a legitimate reason, or a genuine and proper cause. ("La rupture est abusive lorsqu'elle est effectuée sans motif légitime, sans cause réelle et sérieuse".) N N N N N N N
2019 Malawi Africa Y
Y No explicit mention of an obligation to state the reasons for dismissal.
However see the following provisions:
* Art. 31 (1) (f) EA on the certificate of termination : The reasons for termination must be indicated in the certificate, if so requested by the employee;
* Art 57 (2) EA: The employment cannot be terminated for reasons connected with the conduct or the capacity of the employee before the employee is given the opportunity to defend himself against the allegations made.

* Art. 61 (1) EA: In any claim or complaint, the employer shall provide the reason for dismissal. If he or she fails to do so there shall be a presumption that the dismissal was unfair.
N N Y
Y Art. 57 (1) EA: "valid reason for termination connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking". Y
Y Art. 57 (1) EA: "valid reason for termination connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking". Y
Y Art. 57 (1) EA: "valid reason for termination connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking". N N
2018 Malaysia Asia N N No statutory obligation.
However sec. 10(2) EA states that every written contract of service should include a clause setting out the manner in which the contract concluded may be terminated by either party.
Sec. 20(1) of the Industrial Relations Act provides that "where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse by his employer, he may make representations in writing to the Director General to be reinstated in his former employment; (...)"
N N N N N N N Y
Y Sec. 12 (1) EA: termination by either party at any time provided that the notice requirements are observed: no ground for dismissals required in the laws reviewed. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.

The EA authorizes termination without notice in the following cases:
Sec. 13 (2) EA: termination by either party without notice in the event of any wilful breach of contract.
Sec. 14 (1) EA: summary dismissal on the grounds of misconduct.
Sec. 15 (2) EA: termination of the contract of an employee who has been continuously absent from work without reasonable excuse.
The 2012 amendments to the EA have introduced a new part on Sexual harassment. According to the new amendments, the employer is required to inquire into a complaint of sexual harassment he/she has received, and to take disciplinary action against the employee concerned if he/she has been found guilty, including dismissing the employee without notice (Sec. 81(c) EA).
2019 Mexico Americas Y
Y Art. 47 FLA. N N Y
Y •The FLA establishes a distinction between dismissal (despido) (art. 47) and termination (terminación) (art. 53).
Under the FLA dismissal (despido) can only be justified by reasons related to the worker's conduct (listed below). Economic reasons and, worker's incapacity are considered to be grounds for termination (terminación) in addition to other grounds such as force majeure, death of the worker, termination of the work. (art. 53)

*worker's conduct: art. 47 FLA provides for a detailed list of acts that allows the employer to dismiss the workers:
- if the worker or the trade union which proposed or recommended him or her deceives the employer by means of false certificates or references attributing to the worker abilities, skills or qualities which he or she does not possess. These grounds for dismissal cease to be operative after the worker has completed 30 days in employment;
- if the worker in the course of his or her employment commits a dishonest or dishonourable act, violence, threats or ill-treatment towards the employer or any member of the employer's family or the top management or managerial personnel of the undertaking or establishment, or against the clients or suppliers of the employer except in the case of provocation or self-defence;
- if the worker commits any of the acts mentioned in the preceding clauses towards any fellow workers and workplace discipline is affected as a consequence of such acts;
- if the worker commits outside his or her employment (rendering of services) any of the acts mentioned in the second ground above and these acts are of such a serious nature as to render the fulfilment of the employment relationship impossible;
- if the worker in the performance of his or her work or in connection therewith willfully causes material damage to the buildings, works, machinery, tools, raw materials or other objects connected with the work;
- if the worker causes damage as in the preceding clause of a serious character acting without malicious intent but with negligence which is the sole cause of the damage;
- if the worker by his or her inexcusable imprudence or carelessness endangers the safety of the establishment or the persons therein;
- if the worker commits immoral conduct in the establishment or workplace and/or sexual harassment against any other person in the establishment or workplace;
- if the worker reveals manufacturing secrets or communicates matters of a private character to the detriment of the undertaking;
- if the worker is absent from work more than three times in a period of 30 days without the employer's permission or without sufficient reason;
- if the worker refuses to obey the employer or his or her representative without sufficient reason in matters connected with the work under the contract;
- if the worker refuses to adopt preventive measures or follow the procedures laid down for the prevention of accidents or diseases;
- if the worker attends work in a state of intoxication or under the influence of a narcotic or harmful drug unless, in the latter case, he or she has a medical prescription. Before commencing service, the worker should inform the employer of the facts and submit a certificate signed by a medical practitioner;
- if the worker receives a non-appealable judgment sentencing him or her to a term of imprisonment preventing him or her from fulfilling the obligations under the employment relationship;
-if the worker lacks the documents required by the legislation, necessary to provide a service, whenever it is the worker’s fault and it exceeds the period of time foreseen in art. 43 section IV ; and
- on grounds similar to those laid down in the preceding clauses if they are of equal gravity and entail similar consequences as far as the work is concerned.

*Worker's capacity: according to art. 53 IV) FLA, the worker's physical or mental incapacity or obvious disability making it impossible for him or her to perform the work constitutes a valid ground for termination. However, if the disability comes from a non-professional risk the worker is entitled to, and can decide between, being placed in a different job or receiving compensation (equivalent to 1 month salary plus the seniority award –Art. 162-) as per art. 54 FLA.
Note that poor performance of the worker is not a statutory ground for dismissal.

*Economic reasons: according to art. 434 FLA, constitute reasons for termination:
- the evident and notorious inability to pay the operations/exploitation of the undertaking (II);
- statutory declaration of insolvency proceedings or bankruptcy only if the competent authority or the creditors decide on the definitive closure of the undertaking or the definitive retrenchment of production (V).
No other economic reasons are listed.
Y
Y •The FLA establishes a distinction between dismissal (despido) (art. 47) and termination (terminación) (art. 53).
Under the FLA dismissal (despido) can only be justified by reasons related to the worker's conduct (listed below). Economic reasons and, worker's incapacity are considered to be grounds for termination (terminación) in addition to other grounds such as force majeure, death of the worker, termination of the work. (art. 53)

*worker's conduct: art. 47 FLA provides for a detailed list of acts that allows the employer to dismiss the workers:
- if the worker or the trade union which proposed or recommended him or her deceives the employer by means of false certificates or references attributing to the worker abilities, skills or qualities which he or she does not possess. These grounds for dismissal cease to be operative after the worker has completed 30 days in employment;
- if the worker in the course of his or her employment commits a dishonest or dishonourable act, violence, threats or ill-treatment towards the employer or any member of the employer's family or the top management or managerial personnel of the undertaking or establishment, or against the clients or suppliers of the employer except in the case of provocation or self-defence;
- if the worker commits any of the acts mentioned in the preceding clauses towards any fellow workers and workplace discipline is affected as a consequence of such acts;
- if the worker commits outside his or her employment (rendering of services) any of the acts mentioned in the second ground above and these acts are of such a serious nature as to render the fulfilment of the employment relationship impossible;
- if the worker in the performance of his or her work or in connection therewith willfully causes material damage to the buildings, works, machinery, tools, raw materials or other objects connected with the work;
- if the worker causes damage as in the preceding clause of a serious character acting without malicious intent but with negligence which is the sole cause of the damage;
- if the worker by his or her inexcusable imprudence or carelessness endangers the safety of the establishment or the persons therein;
- if the worker commits immoral conduct in the establishment or workplace and/or sexual harassment against any other person in the establishment or workplace;
- if the worker reveals manufacturing secrets or communicates matters of a private character to the detriment of the undertaking;
- if the worker is absent from work more than three times in a period of 30 days without the employer's permission or without sufficient reason;
- if the worker refuses to obey the employer or his or her representative without sufficient reason in matters connected with the work under the contract;
- if the worker refuses to adopt preventive measures or follow the procedures laid down for the prevention of accidents or diseases;
- if the worker attends work in a state of intoxication or under the influence of a narcotic or harmful drug unless, in the latter case, he or she has a medical prescription. Before commencing service, the worker should inform the employer of the facts and submit a certificate signed by a medical practitioner;
- if the worker receives a non-appealable judgment sentencing him or her to a term of imprisonment preventing him or her from fulfilling the obligations under the employment relationship;
-if the worker lacks the documents required by the legislation, necessary to provide a service, whenever it is the worker’s fault and it exceeds the period of time foreseen in art. 43 section IV ; and
- on grounds similar to those laid down in the preceding clauses if they are of equal gravity and entail similar consequences as far as the work is concerned.

*Worker's capacity: according to art. 53 IV) FLA, the worker's physical or mental incapacity or obvious disability making it impossible for him or her to perform the work constitutes a valid ground for termination. However, if the disability comes from a non-professional risk the worker is entitled to, and can decide between, being placed in a different job or receiving compensation (equivalent to 1 month salary plus the seniority award –Art. 162-) as per art. 54 FLA.
Note that poor performance of the worker is not a statutory ground for dismissal.

*Economic reasons: according to art. 434 FLA, constitute reasons for termination:
- the evident and notorious inability to pay the operations/exploitation of the undertaking (II);
- statutory declaration of insolvency proceedings or bankruptcy only if the competent authority or the creditors decide on the definitive closure of the undertaking or the definitive retrenchment of production (V).
No other economic reasons are listed.
Y
Y •The FLA establishes a distinction between dismissal (despido) (art. 47) and termination (terminación) (art. 53).
Under the FLA dismissal (despido) can only be justified by reasons related to the worker's conduct (listed below). Economic reasons and, worker's incapacity are considered to be grounds for termination (terminación) in addition to other grounds such as force majeure, death of the worker, termination of the work. (art. 53)

*worker's conduct: art. 47 FLA provides for a detailed list of acts that allows the employer to dismiss the workers:
- if the worker or the trade union which proposed or recommended him or her deceives the employer by means of false certificates or references attributing to the worker abilities, skills or qualities which he or she does not possess. These grounds for dismissal cease to be operative after the worker has completed 30 days in employment;
- if the worker in the course of his or her employment commits a dishonest or dishonourable act, violence, threats or ill-treatment towards the employer or any member of the employer's family or the top management or managerial personnel of the undertaking or establishment, or against the clients or suppliers of the employer except in the case of provocation or self-defence;
- if the worker commits any of the acts mentioned in the preceding clauses towards any fellow workers and workplace discipline is affected as a consequence of such acts;
- if the worker commits outside his or her employment (rendering of services) any of the acts mentioned in the second ground above and these acts are of such a serious nature as to render the fulfilment of the employment relationship impossible;
- if the worker in the performance of his or her work or in connection therewith willfully causes material damage to the buildings, works, machinery, tools, raw materials or other objects connected with the work;
- if the worker causes damage as in the preceding clause of a serious character acting without malicious intent but with negligence which is the sole cause of the damage;
- if the worker by his or her inexcusable imprudence or carelessness endangers the safety of the establishment or the persons therein;
- if the worker commits immoral conduct in the establishment or workplace and/or sexual harassment against any other person in the establishment or workplace;
- if the worker reveals manufacturing secrets or communicates matters of a private character to the detriment of the undertaking;
- if the worker is absent from work more than three times in a period of 30 days without the employer's permission or without sufficient reason;
- if the worker refuses to obey the employer or his or her representative without sufficient reason in matters connected with the work under the contract;
- if the worker refuses to adopt preventive measures or follow the procedures laid down for the prevention of accidents or diseases;
- if the worker attends work in a state of intoxication or under the influence of a narcotic or harmful drug unless, in the latter case, he or she has a medical prescription. Before commencing service, the worker should inform the employer of the facts and submit a certificate signed by a medical practitioner;
- if the worker receives a non-appealable judgment sentencing him or her to a term of imprisonment preventing him or her from fulfilling the obligations under the employment relationship;
-if the worker lacks the documents required by the legislation, necessary to provide a service, whenever it is the worker’s fault and it exceeds the period of time foreseen in art. 43 section IV ; and
- on grounds similar to those laid down in the preceding clauses if they are of equal gravity and entail similar consequences as far as the work is concerned.

*Worker's capacity: according to art. 53 IV) FLA, the worker's physical or mental incapacity or obvious disability making it impossible for him or her to perform the work constitutes a valid ground for termination. However, if the disability comes from a non-professional risk the worker is entitled to, and can decide between, being placed in a different job or receiving compensation (equivalent to 1 month salary plus the seniority award –Art. 162-) as per art. 54 FLA.
Note that poor performance of the worker is not a statutory ground for dismissal.

*Economic reasons: according to art. 434 FLA, constitute reasons for termination:
- the evident and notorious inability to pay the operations/exploitation of the undertaking (II);
- statutory declaration of insolvency proceedings or bankruptcy only if the competent authority or the creditors decide on the definitive closure of the undertaking or the definitive retrenchment of production (V).
No other economic reasons are listed.
N N
2017 Moldova, Republic of Europe Y
Y Art. 86 LC.
Art 88 (1) a) LC on economic dismissal.
In addition, the necessity of the dismissal is to be proved before the court by the employer (art. 89 LC).
N N Y
Y Art. 86 LC provides for a list of valid grounds (24) for dismissal of an employee under a fixed-term contract and an indefinite-term-contract. Y
Y Art. 86 LC provides for a list of valid grounds (24) for dismissal of an employee under a fixed-term contract and an indefinite-term-contract. Y
Y Art. 86 LC provides for a list of valid grounds (24) for dismissal of an employee under a fixed-term contract and an indefinite-term-contract. N N
2017 Mongolia Asia N N No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC) N N Y
Y The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
- dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
- failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
- the employee has reached the age of 60 and is eligible to receive pension;
- repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
- an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
- employee is elected or appointed to perform another salaried work;
- occurrence of other grounds set forth in the individual contract.

In addition, an employee can be dismissed for the following reasons (art. 41 LC):
- the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
- the employee has entered into a simultaneous employment agreement or contract with another employer;
- the employer has transferred his or her right of ownership to another person permanently;
- it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.
Y
Y The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
- dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
- failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
- the employee has reached the age of 60 and is eligible to receive pension;
- repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
- an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
- employee is elected or appointed to perform another salaried work;
- occurrence of other grounds set forth in the individual contract.

In addition, an employee can be dismissed for the following reasons (art. 41 LC):
- the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
- the employee has entered into a simultaneous employment agreement or contract with another employer;
- the employer has transferred his or her right of ownership to another person permanently;
- it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.
Y
Y The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
- dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
- failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
- the employee has reached the age of 60 and is eligible to receive pension;
- repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
- an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
- employee is elected or appointed to perform another salaried work;
- occurrence of other grounds set forth in the individual contract.

In addition, an employee can be dismissed for the following reasons (art. 41 LC):
- the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
- the employee has entered into a simultaneous employment agreement or contract with another employer;
- the employer has transferred his or her right of ownership to another person permanently;
- it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.
N N
2020 Montenegro Europe Y
Y Article 174 of the New Labour Act provides that the dismissal decision shall contain the grounds for termination of employment, an explanation and a note indicating available legal remedies:
(1) Decision on termination of the employment contract in the cases referred to in Article 172, paragraph 1, item 2, para. 1,3 and 8 and point. 3 and 6 of this law, the employer may issue after previously warning the employee of the existence of reasons for dismissal.
(2) The warning referred to in paragraph 1 of this Article shall be given in writing and shall contain the reasons for dismissal, evidence indicating that the conditions for dismissal have been met and the deadline for giving a response to the warning.
(3) The deadline referred to in paragraph 2 of this Article may not be shorter than five working days.

Article 175 (2) The decision referred to in paragraph 1 of this Article shall contain: the basis for dismissal, explanation and instruction on the legal remedy.
N N Y
Y Article 172 of the New Labour Act provides valid grounds for individual dismissals without conducting the procedure of determining responsibility, if there is a justified reason for that: a) if the employee’s behaviour is such that he cannot continue to work for the employer (e.g. coming to work intoxicated, drinking or using narcotics during the work, refusing to undergo medical test to determine intoxication, abusive, offensive, or inappropriate behaviour to the customers or the employees, etc.); b) if the employee gave inaccurate data during the recruitment process; c) abuses of sick leave;
d) failure to return to work after the expiry of unpaid leave.
Y
Y Article 172 of the New Labour Act provides valid grounds for individual dismissals without conducting the procedure of determining responsibility, if there is a justified reason for that: a) if the employee’s behaviour is such that he cannot continue to work for the employer (e.g. coming to work intoxicated, drinking or using narcotics during the work, refusing to undergo medical test to determine intoxication, abusive, offensive, or inappropriate behaviour to the customers or the employees, etc.); b) if the employee gave inaccurate data during the recruitment process; c) abuses of sick leave;
d) failure to return to work after the expiry of unpaid leave.
Y
Y Article 172 of the New Labour Act provides valid grounds for individual dismissals without conducting the procedure of determining responsibility, if there is a justified reason for that: a) if the employee’s behaviour is such that he cannot continue to work for the employer (e.g. coming to work intoxicated, drinking or using narcotics during the work, refusing to undergo medical test to determine intoxication, abusive, offensive, or inappropriate behaviour to the customers or the employees, etc.); b) if the employee gave inaccurate data during the recruitment process; c) abuses of sick leave;
d) failure to return to work after the expiry of unpaid leave.
N N
2019 Morocco Africa Y
Y * Dismissal based on the worker's conduct and the worker's capacity: Art. 62 LC
* Dismissal based on economic grounds: Art. 66 LC (consultation procedure).
Y
Y Art. 35 LC: Valid reason connected with the worker's conduct, capacity or operational requirements of the undertaking.
Art. 38 LC : The employer shall apply disciplinary sanctions gradually. When disciplinary sanctions are exhausted within the year, the employer may proceed with the dismissal of the employee. In this case, the dismissal is considered justified.
Art. 64 LC: A copy of the dismissal decision shall be addressed to the labour inspectorate officer. The decision to dismiss must include the reasons justifying the employee's dismissal.
N N N N N N N
2019 Mozambique Africa Y
Y Article 130 of Labour Act provides that the notification of dismissal must be written, but it does not include a specific obligation to provide a reason.
However, concerning collective dismissals, article 133 provides that when the employer decides for collective dismissal, it shall inform the trade union bodies and the employees covered, with the employer reporting to the local labour administration body, before the negotiation process begins. The information to workers is accompanied by:
(a) a description of the reasons given for collective dismissal;
(b) the number of workers concerned by the procedure.
N N Y
Y Article 127 (4) of Labour Act provides reasons for dismissal due just cause:
(a) the worker's manifest unfitness for the adjusted service, which is established after the probationary period;
(b) the culpable and serious breach of work duties by the worker;
(c) detention or imprisonment if, due to the nature of the worker's duties, it is detrimental to the normal
operation of the services;
(d) termination of the contract for economic reasons of the undertaking, which may be technological, structural
or market, as provided for in Article 130 of this Act.

According to paragraph 2, the worker has the right to challenge the reasons of the dismissal within 3 months from the date of the dismissal.

Moreover, article 130 provides that the employer may terminate one or more employment contracts, with notice, provided that this measure is merges on structural, technological or market grounds and is essential to competitiveness, economic reorganization, administrative or productive reorganization of the company.

Concerning disciplinary reasons, articles 63 to 66 of Labour Act provide regulations for disciplinary procedures that may result in the dismissal referred by the letter (b) of article 127, paragraph 4.
Y
Y Article 127 (4) of Labour Act provides reasons for dismissal due just cause:
(a) the worker's manifest unfitness for the adjusted service, which is established after the probationary period;
(b) the culpable and serious breach of work duties by the worker;
(c) detention or imprisonment if, due to the nature of the worker's duties, it is detrimental to the normal
operation of the services;
(d) termination of the contract for economic reasons of the undertaking, which may be technological, structural
or market, as provided for in Article 130 of this Act.

According to paragraph 2, the worker has the right to challenge the reasons of the dismissal within 3 months from the date of the dismissal.

Moreover, article 130 provides that the employer may terminate one or more employment contracts, with notice, provided that this measure is merges on structural, technological or market grounds and is essential to competitiveness, economic reorganization, administrative or productive reorganization of the company.

Concerning disciplinary reasons, articles 63 to 66 of Labour Act provide regulations for disciplinary procedures that may result in the dismissal referred by the letter (b) of article 127, paragraph 4.
Y
Y Article 127 (4) of Labour Act provides reasons for dismissal due just cause:
(a) the worker's manifest unfitness for the adjusted service, which is established after the probationary period;
(b) the culpable and serious breach of work duties by the worker;
(c) detention or imprisonment if, due to the nature of the worker's duties, it is detrimental to the normal
operation of the services;
(d) termination of the contract for economic reasons of the undertaking, which may be technological, structural
or market, as provided for in Article 130 of this Act.

According to paragraph 2, the worker has the right to challenge the reasons of the dismissal within 3 months from the date of the dismissal.

Moreover, article 130 provides that the employer may terminate one or more employment contracts, with notice, provided that this measure is merges on structural, technological or market grounds and is essential to competitiveness, economic reorganization, administrative or productive reorganization of the company.

Concerning disciplinary reasons, articles 63 to 66 of Labour Act provide regulations for disciplinary procedures that may result in the dismissal referred by the letter (b) of article 127, paragraph 4.
N N
2019 Namibia Africa Y
Y Sec. 30(3) LA: the reasons for termination must be indicated in the written notice of termination. Y
Y Sec. 33(1) LA: An employer must not, whether notice is given or not, dismiss an employee -
(a) without a valid and fair reason; and
(b) without following the procedures set by the LA in case of redundancy; or, subject to any code of good practice, a fair procedure, in any other case.

In its Direct Request (2011) on the application of ILO Convention No. 158, the CEACR provides that "The Government indicates that any termination is required to meet the “valid and fair reason” definition under section 33(1)(a) of the Labour Act. In Namibia, this definition does not necessarily only refer to the capacity or conduct of the worker, but also refers to the operational requirements of the undertaking. A “valid and fair reason” presupposes fair procedures (procedural fairness) and a valid reason for termination (substantive fairness). The Government indicates that it is not only sufficient to consider capacity or conduct – the employer must regard fair procedures and elements relating to capacity or conduct before deciding whether or not to terminate the employment contract of an employee."
N N N N N N N
2019 Netherlands Europe Y
Y Art. 7:676 (2), 7:671a (6) CC. Y
Y Under Dutch law, t4 categories of dismissal are established:
1) Termination via a prior permit from the Employment Insurance Agency UWV WERKbedrijf (former CWI) or a tripartite committee established by collective agreement. (for economic redundancy reasons or based on long term invalidity/sickness of an employee)
2) Judicial rescission of the contract for other “reasonable grounds”, related to the employee’s conduct or capacity.
3) Termination for “urgent causes”.
4) Termination by mutual consent.

1) Dismissal via prior authorization from the UWV WERKbedrijf, Art. 7:671a (1) CC: the UWV will grant the permit if it considers the dismissal to be based on one of the “reasonable grounds” listed in Art. 7:669 (3) (a) or (b) CC, i.e. a special economic condition of the enterprise, which requires the termination of employees, based on a prognosis of the economic development of the enterprise for at least the next 26 weeks; or a repeated or ongoing absence of an employee from work due to a sickness (which must last for at least 2 years, with breaks of at most one month at a time, see Art. 7:670 1) a) CC).
Next to the UWV, the decision on the authorization of collective dismissals based on economic reasons can also be referred to a special committee, which has been established by a tripartite collective agreement, between the employer and worker representatives, approved by the competent administrative authority, Art. 7:671a (2) CC.
Furthermore, the DR lists several special circumstances under which an economic dismissal cannot be considered reasonable, see Art. 2 to 8 DR, e.g. if the employer outsources the work of the dismissed employees to external contractors, self-employed persons or person employed under FTCs.
A refusal to grant authorization for the termination by both the UWV or the tripartite committee can be appealed to the district court (Cantonal Court), Art. 7:671b (1) (b) CC.

2) Judicial rescission: " The employer can request the validation of a termination of an employee at the district court (Cantonal court) based on any of the “reasonable grounds” listed in Art. 7:669 (3) (c) – (h) CC (see Art. 7:671b (1) (a)). These are the worker's inability to perform his or her job, in case the employer has given the employee the opportunity to improve his or her work capacity; a serious refusal to follow instructions of the employer; any other serious misconduct of the employee OR any other comparable circumstances.(More detailed regulations on the determination if a specific ground based on which an employee was terminated was “reasonable” are contained in Art. 2-8 of the DR)

3) The employer can at any time declare a summary dismissal. For a summary dismissal, important reasons are required. Such important reasons are those circumstances that warrant a termination of the employment with immediate effect for an "urgent cause”, Art. 7:677 CC. A non-exhaustive list of acts which amount to urgent cause is provided in Art. 7:678 CC. Such acts relate to the worker's conduct, i.e. acts of fraud or other grave misconduct.

4) A termination of an employee based on his or her written consent is always possible, however the employee is granted the right to withdraw any given consent within 14 days, Art. 7:670a (2) and (5), 7:671 (2) CC.
N N N N N N N
2019 New Zealand Asia Y
Y Any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA). Y
Y The ERA provides for a remedy to any employee who has been "unjustifiably dismissed" (see sec. 103 and 123 ERA).

NEW: The Employment Relations Amendment Act 2010 (No. 125) which entered into force on April 1, 2011 modified the provision on 'the test of justification' for dismissal, which now reads as follows:
103A Test of justification
"(1) For the purposes of section 103(1)(a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection (2).
(2) The test is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred.
(3) In applying the test in subsection (2), the Authority or the court must consider:
(a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and
(b) whether the employer raised the concerns that the employer had with the employee before dismissing or taking action against the employee; and
(c) whether the employer gave the employee a reasonable opportunity to respond to the employer's concerns before dismissing or taking action against the employee; and
(d) whether the employer genuinely considered the employee's explanation (if any) in relation to the allegations against the employee before dismissing or taking action against the employee.
(4) In addition to the factors described in subsection (3), the Authority or the court may consider any other factors it thinks appropriate.
(5) The Authority or the court must not determine a dismissal or an action to be unjustifiable under this section solely because of defects in the process followed by the employer if the defects were:
(a) minor; and
(b) did not result in the employee being treated unfairly."

[Prior to the 2010 amendment, sec. 103A read as follows: "the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by considering whether the employer's actions, and how the employer acted, were what a fair and reasonable employer would have done in all the circumstances at the time the dismissal or action occurred."

Case-law has established that a dismissal will not be considered unjustifiable if 1) there was a substantive reason (= good cause) for the dismissal and 2) the dismissal was carried out in a manner that is procedurally fair.
The substantive reasons that may justify a dismissal are normally restricted to:
* redundancy for genuine commercial reasons;
* reasons connected to the employee's lack of capacity for the work or performance on the job; or
* serious misconduct by the employee.


N N N N N N N
2019 Nicaragua Americas N N The Labour Code does not have any provision determining that the employer should provide justification or previous notification to the worker concerning the dismissal. Y
Y There are no valid grounds for dismissal. According to article 41 of Labour Code, the termination of employment is possible due to a) expiration of term; b) death or permament incapcity of the employee (or employer, in case the situation prevents the proper functioning of the enterprise), c) court decision in criminal case, d) economic reasons, such as end of enterprise, e) force majeure, f) retirement of the employee.
However, according to the Labour Code, article 45, it is possible to dismiss a worker without any fair reason, in which case the worker is entitled to the payment of respective compensation, plus vacation period and Christmas bonus indemnities.
In case of disciplinary dismissals, which might occur up to 30 days of the fact that caused the dismissal, as defined by article 48, no severance payment is due, but the employer must have the authorization of the Departmental Labour Inspector, who will not be able to resolve without giving the worker a hearing. Once the dismissal is authorized, the case will go to the Inspector General of Labour, that will provide a final decision. The worker can still challenge the decision or the termination itself before the Labour Courts.
N N N N N N N
2019 Niger Africa Y
Y Article 79 LC: When the employer contemplates a dismissal for reasons related to the employee's conduct or his/her ability/capacity, the employer must, before taking any decision, offer to the interested party to defend himself/herself. In case of dispute, the court assesses, on the basis of the circumstances, including the size of the enterprise, the extent to which the employer has fulfilled this obligation.

Dismissal on economic grounds: Need for substantiated written notification to the labour inspection (Article 84 LC).
Y
Y Art. 78 LC: Valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking.

[Note: the article number has changed in the new 2012 LC (former art. 71, now art. 78), but its content has remained unchanged]
N N N N N N N
2020 Nigeria Africa N N No statutory obligation to inform the worker of the grounds of termination. N N N N N N N Y
Y - Under Nigerian Law, employment contracts can be terminated at will. This principle of common law has been codified in sec. 11(1) of the LA which provides that: "(1) Either party to a contract of employment may terminate the contract on the expiration of notice given by him to the other party of his intention to do so".
- The LA (sec. 11(5)) also expressly retains the common law right of an employer to summarily dismiss an employee for gross misconduct. In addition, the LA also the employer's ability to dismiss on the grounds of redundancy. 'Redundancy' is defined as "an involuntary and permanent loss of employment caused by an excess of manpower"(sec. 20 LA).
It is worth noting that according to secondary sources, there have been developments in the case law which contrast with the principle of termination at will. See: Chioma Kanu Agomo, 'Part I. Individual Employment Relations' (August 2010), in Prof. Dr R. Blanpain, Prof. Dr M. Colucci (Eds.), International Encyclopaedia for Labour Law and Industrial Relations (Kluwer Law International BV, The Netherlands), p. 23, para. 272: According to sec. 7(4) of the National Industrial Court Act (2006), in exercising its jurisdiction or any powers conferred upon it by its Act or any other enactment or law, the Court is to consider 'good or international best practice in labour or industrial relations'.
The National Industrial Court has used this provision in the area of termination of employment and stated in the Pengassan case, that " it is no longer fashionable in industrial relations law and practice to terminate an employment relationship without adducing any valid reason for such termination'.
2017 North Macedonia Europe Y
Y Art. 72 LRA states that the employer is obliged to indicate the ground for termination, as stipulated by law or collective agreement and to substantiate the reason justifying termination. In addition, where the employer intends to dismiss a worker on the ground of misconduct, he/she must previously warn in writing the worker on the possibility of such dismissal in the event of further violations. (Art 73 LRA). Article 74(2) LRA provides for the obligation on the part of the employee to explain the reason for termination in the notice of dismissal as well as to provide indications on the legal remedies available and his/her rights to unemployment insurance. See also art. 85 LRA: the grounds for termination must be indicated in the dismissal decision. Y
Y According to art. 71(2) LRA, the employer may only terminate the employment contract if there is a justified reason based on the worker's conduct ("personal reason of the employee") or operational needs of the employer (business reasons).
Art. 76 LRA establishes 3 categories of "justified reasons for dismissal" as follows:
- "personal reason", defined as the employee's inability to carry out employment obligations due to his/her conduct, lack of knowledge or capabilities;
- "fault reason", defined as the employee's violation of contractual or other obligations arising from the employment relationship;
- "business reason", defined as economic, organizational, structural, or similar reasons.
See also: art. 79 and 80 LRA on "personal reasons" (respectively on failure to carry out employment obligations and unsatisfactory performance).
In addition, art. 81 LRA provides for a non-exhaustive list of acts constituting a violation of work regulations and discipline justifying dismissal with notice whereas art. 82 LRA provides for a non-exhaustive list of acts justifying dismissal without notice.
N N N N N N N
2019 Norway Europe Y
Y According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.
Y
Y Sec. 15-7 of the Working Environment Act reads as follows:
(1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
(2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
(3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.
N N N N N N N
2019 Panama Americas Y
Y Art. 214 LC: The notice of dismissal shall be in writing and shall specify the date and the specific reasons for the dismissal or termination of the employment relationship. Any additional reasons subsequently alleged and differing from those set out in the said notice are invalid. N N Y
Y The LC recognizes numerous disciplinary, non-disciplinary (including capacity-based) and economic reasons that are considered valid grounds for the termination of employment at the initiative of the employer that are listed in art. 213 LC. Y
Y The LC recognizes numerous disciplinary, non-disciplinary (including capacity-based) and economic reasons that are considered valid grounds for the termination of employment at the initiative of the employer that are listed in art. 213 LC. Y
Y The LC recognizes numerous disciplinary, non-disciplinary (including capacity-based) and economic reasons that are considered valid grounds for the termination of employment at the initiative of the employer that are listed in art. 213 LC. N N
2019 Paraguay Americas N N Article 93 of Labour Cpde provides that, at the termination of any employment contract, whatever the reason that motivated it, the employer must give the worker free of charge a signed certificate that only expresses: a) The date of initiation and conclusion of the work;
b) The type of work performed; and, c) Salaries accrued during the last payment period.

If the worker requests it, the proof must also express: a) The efficiency and behavior of the worker; and, b) The cause or causes of the termination of the contract.

N N Y
Y According to article 78 of Labour Code, are valid reasons for dismissals: a) any reason stipulated in the contract, if not illegal; b) mutual consent, formalized before the competent authorities; c) death ou mental incapacity of worker; d) fortuitous event or force majeure; e) expiration of the term or the completion of the work, in contracts concluded for a specified period; f) bankruptcy of the employer or the judicial liquidation of the company; g) total closure of the company, or the definitive reduction of the tasks, prior written communication to the Administrative Labor Authority; h) dismissal of the worker by the employer with just cause in accordance with the provisions of this Code; i) resolution of the contract decreed by the competent authority.

Articles 81 and Article 82 of Labour Code provide rules for dismissals for disciplinary reasons, which could happen due to: i) false declarations on personal files; ii) crimes against the employer, including stealing, or crimes commited outside work; c) violence acts against the employer and/or other workers, or against other people; d) damages caused by the worker due to negligence; e) immoral acts; f) disclosure of industrial or business secrets; g) work under the effects of drugs or alcohol; h) constant refusal in complying with enterprise regulations concerning specially health and safety at workplace; i) loss of the employer's confidence in the worker; j) performance of competition against the employer; k) participation in illegal strikes; l) non-attendance of the worker to the contracted tasks for three consecutive days or four times in the month; m) abandonment of work by the worker; n) refusal to work in the tasks assigned to the worker; o) repeated lack of punctuality of the worker in complying with the work schedule; p) worker's disobedience to the employer or its representatives; q) infectious contagious or mental illness or of other ailments or organic disturbance that prevent the worker to perform its work.
The employer who dismisses the worker or terminates the employment contract for the causes specified above does not incur any responsibility or assume any obligation to prior notice or to pay indemnities.

In case of imputation of a just cause of dismissal that was not judicially proven, the worker will have the right, in addition to the compensation of Articles 91 and 92 of Labour Code, to a supplementary compensation, equivalent to the total wages from the moment the worker filed judicial claim until the Judgment is enforced, unless the enforcement authority, based on equity, decides to reduce the amount. This in no case may exceed the amount equivalent to one year of salary.

N N Y
Y According to article 78 of Labour Code, are valid reasons for dismissals: a) any reason stipulated in the contract, if not illegal; b) mutual consent, formalized before the competent authorities; c) death ou mental incapacity of worker; d) fortuitous event or force majeure; e) expiration of the term or the completion of the work, in contracts concluded for a specified period; f) bankruptcy of the employer or the judicial liquidation of the company; g) total closure of the company, or the definitive reduction of the tasks, prior written communication to the Administrative Labor Authority; h) dismissal of the worker by the employer with just cause in accordance with the provisions of this Code; i) resolution of the contract decreed by the competent authority.

Articles 81 and Article 82 of Labour Code provide rules for dismissals for disciplinary reasons, which could happen due to: i) false declarations on personal files; ii) crimes against the employer, including stealing, or crimes commited outside work; c) violence acts against the employer and/or other workers, or against other people; d) damages caused by the worker due to negligence; e) immoral acts; f) disclosure of industrial or business secrets; g) work under the effects of drugs or alcohol; h) constant refusal in complying with enterprise regulations concerning specially health and safety at workplace; i) loss of the employer's confidence in the worker; j) performance of competition against the employer; k) participation in illegal strikes; l) non-attendance of the worker to the contracted tasks for three consecutive days or four times in the month; m) abandonment of work by the worker; n) refusal to work in the tasks assigned to the worker; o) repeated lack of punctuality of the worker in complying with the work schedule; p) worker's disobedience to the employer or its representatives; q) infectious contagious or mental illness or of other ailments or organic disturbance that prevent the worker to perform its work.
The employer who dismisses the worker or terminates the employment contract for the causes specified above does not incur any responsibility or assume any obligation to prior notice or to pay indemnities.

In case of imputation of a just cause of dismissal that was not judicially proven, the worker will have the right, in addition to the compensation of Articles 91 and 92 of Labour Code, to a supplementary compensation, equivalent to the total wages from the moment the worker filed judicial claim until the Judgment is enforced, unless the enforcement authority, based on equity, decides to reduce the amount. This in no case may exceed the amount equivalent to one year of salary.

N N
2019 Peru Americas Y
Y Dismissal must be communicated in writing, by letter, stating the reason given for the action. The employer may not subsequently invoke grounds other than those referred to in the letter of dismissal (art. 32 LLCP). N N Y
Y According to art. 22 LPCL, in order for a worker employed for four or more hours daily for the same employer to be dismissed, there must be a valid reason prescribed by law and duly substantiated which may be connected with his or her capacity or conduct.
The LPCL provides an exhaustive list of reasons justifying dismissal.
* Valid reasons connected to the capacity of the worker (art. 23 LPCL): A) deterioration of the physical, intellectual, mental or sensorial faculties or an acquired incapacity having a major effect on his or her performance on the job, whenever there is no vacancy for the worker to be transferred to without compromising his/her safety and health, and that of third persons; inadequate output in relation to the worker's capacity or in comparison to the average output for similar work under similar conditions; or unreasonable refusal on the part of the worker to undergo a previously agreed or legally required medical examination in the context of the employment relationship, or to follow medical treatment or preventive measures prescribed by a doctor in order to avoid illness or accident.
* Valid reasons for dismissal related to the worker's conduct (art. 24 LPCL): conviction for a crime involving fraud (by a decision not subject to appeal); disqualification of the worker imposed by judicial or administrative authorities to carry out his or her job at the workplace for three months or more; and any serious misconduct as defined in 25 LPCL: a violation of the fundamental terms of the contract which makes the continuation of the employment relationship unreasonable, as follows: a) failure to comply with employment obligations in such a way that the breakdown of good faith in the employment relationship may be presumed; the repeated opposition to orders relating to the work; repeated and untimely stoppage of work when this has been found to be the case by the competent authority; or the failure to observe work regulations or occupational safety or health regulations; b) deliberate and repeated deterioration in output, or in the volume or quality of production; c) appropriation or attempted appropriation of goods or services belonging to the employer or for which the worker is responsible, or unjustified retention or utilization of the same; d) the use or transfer to a third party of information reserved for the employer; the unauthorized removal or use of documents belonging to the enterprise; providing false information to the employer with the intention of causing harm or obtaining an advantage; or unfair competition; e) repeated attendance at work in a state of drunkenness or under the influence of drugs or narcotics, and even if it is not repeated, where because of the nature of the work, such condition is exceptionally serious; f) acts of violence, serious breaches of discipline, insults and disrespect in oral or written statements addressed to the employer, his or her representatives, senior staff or other workers, whether they take place inside or outside the workplace; g) deliberate damage to buildings, plant, works, machinery, instruments, documents, raw materials and other goods belonging to the enterprise, or in its possession; h) failure to appear at the workplace for more than three consecutive days; unjustified absence for more than five days over a period of 30 calendar days, or more than 15 days over a period of 180 days, irrespective of whether any disciplinary action is taken in either case; repeated lateness where attention has been drawn to this by the employer, and where disciplinary sanctions such as written warnings and suspensions have already been applied; (i) sexual harassment by the workers’ representatives or whoever has a position of authority over the employees, as well as sexual harassment committed by an employee independently of the hierarchical position of the victim in the working place..

In addition, the LLCP provides for termination for economic, technological, structural or similar reasons, or because of restructuring of the enterprise (Title I, Ch. VII, sec. 7, LLCP).
Y
Y According to art. 22 LPCL, in order for a worker employed for four or more hours daily for the same employer to be dismissed, there must be a valid reason prescribed by law and duly substantiated which may be connected with his or her capacity or conduct.
The LPCL provides an exhaustive list of reasons justifying dismissal.
* Valid reasons connected to the capacity of the worker (art. 23 LPCL): A) deterioration of the physical, intellectual, mental or sensorial faculties or an acquired incapacity having a major effect on his or her performance on the job, whenever there is no vacancy for the worker to be transferred to without compromising his/her safety and health, and that of third persons; inadequate output in relation to the worker's capacity or in comparison to the average output for similar work under similar conditions; or unreasonable refusal on the part of the worker to undergo a previously agreed or legally required medical examination in the context of the employment relationship, or to follow medical treatment or preventive measures prescribed by a doctor in order to avoid illness or accident.
* Valid reasons for dismissal related to the worker's conduct (art. 24 LPCL): conviction for a crime involving fraud (by a decision not subject to appeal); disqualification of the worker imposed by judicial or administrative authorities to carry out his or her job at the workplace for three months or more; and any serious misconduct as defined in 25 LPCL: a violation of the fundamental terms of the contract which makes the continuation of the employment relationship unreasonable, as follows: a) failure to comply with employment obligations in such a way that the breakdown of good faith in the employment relationship may be presumed; the repeated opposition to orders relating to the work; repeated and untimely stoppage of work when this has been found to be the case by the competent authority; or the failure to observe work regulations or occupational safety or health regulations; b) deliberate and repeated deterioration in output, or in the volume or quality of production; c) appropriation or attempted appropriation of goods or services belonging to the employer or for which the worker is responsible, or unjustified retention or utilization of the same; d) the use or transfer to a third party of information reserved for the employer; the unauthorized removal or use of documents belonging to the enterprise; providing false information to the employer with the intention of causing harm or obtaining an advantage; or unfair competition; e) repeated attendance at work in a state of drunkenness or under the influence of drugs or narcotics, and even if it is not repeated, where because of the nature of the work, such condition is exceptionally serious; f) acts of violence, serious breaches of discipline, insults and disrespect in oral or written statements addressed to the employer, his or her representatives, senior staff or other workers, whether they take place inside or outside the workplace; g) deliberate damage to buildings, plant, works, machinery, instruments, documents, raw materials and other goods belonging to the enterprise, or in its possession; h) failure to appear at the workplace for more than three consecutive days; unjustified absence for more than five days over a period of 30 calendar days, or more than 15 days over a period of 180 days, irrespective of whether any disciplinary action is taken in either case; repeated lateness where attention has been drawn to this by the employer, and where disciplinary sanctions such as written warnings and suspensions have already been applied; (i) sexual harassment by the workers’ representatives or whoever has a position of authority over the employees, as well as sexual harassment committed by an employee independently of the hierarchical position of the victim in the working place..

In addition, the LLCP provides for termination for economic, technological, structural or similar reasons, or because of restructuring of the enterprise (Title I, Ch. VII, sec. 7, LLCP).
Y
Y According to art. 22 LPCL, in order for a worker employed for four or more hours daily for the same employer to be dismissed, there must be a valid reason prescribed by law and duly substantiated which may be connected with his or her capacity or conduct.
The LPCL provides an exhaustive list of reasons justifying dismissal.
* Valid reasons connected to the capacity of the worker (art. 23 LPCL): A) deterioration of the physical, intellectual, mental or sensorial faculties or an acquired incapacity having a major effect on his or her performance on the job, whenever there is no vacancy for the worker to be transferred to without compromising his/her safety and health, and that of third persons; inadequate output in relation to the worker's capacity or in comparison to the average output for similar work under similar conditions; or unreasonable refusal on the part of the worker to undergo a previously agreed or legally required medical examination in the context of the employment relationship, or to follow medical treatment or preventive measures prescribed by a doctor in order to avoid illness or accident.
* Valid reasons for dismissal related to the worker's conduct (art. 24 LPCL): conviction for a crime involving fraud (by a decision not subject to appeal); disqualification of the worker imposed by judicial or administrative authorities to carry out his or her job at the workplace for three months or more; and any serious misconduct as defined in 25 LPCL: a violation of the fundamental terms of the contract which makes the continuation of the employment relationship unreasonable, as follows: a) failure to comply with employment obligations in such a way that the breakdown of good faith in the employment relationship may be presumed; the repeated opposition to orders relating to the work; repeated and untimely stoppage of work when this has been found to be the case by the competent authority; or the failure to observe work regulations or occupational safety or health regulations; b) deliberate and repeated deterioration in output, or in the volume or quality of production; c) appropriation or attempted appropriation of goods or services belonging to the employer or for which the worker is responsible, or unjustified retention or utilization of the same; d) the use or transfer to a third party of information reserved for the employer; the unauthorized removal or use of documents belonging to the enterprise; providing false information to the employer with the intention of causing harm or obtaining an advantage; or unfair competition; e) repeated attendance at work in a state of drunkenness or under the influence of drugs or narcotics, and even if it is not repeated, where because of the nature of the work, such condition is exceptionally serious; f) acts of violence, serious breaches of discipline, insults and disrespect in oral or written statements addressed to the employer, his or her representatives, senior staff or other workers, whether they take place inside or outside the workplace; g) deliberate damage to buildings, plant, works, machinery, instruments, documents, raw materials and other goods belonging to the enterprise, or in its possession; h) failure to appear at the workplace for more than three consecutive days; unjustified absence for more than five days over a period of 30 calendar days, or more than 15 days over a period of 180 days, irrespective of whether any disciplinary action is taken in either case; repeated lateness where attention has been drawn to this by the employer, and where disciplinary sanctions such as written warnings and suspensions have already been applied; (i) sexual harassment by the workers’ representatives or whoever has a position of authority over the employees, as well as sexual harassment committed by an employee independently of the hierarchical position of the victim in the working place..

In addition, the LLCP provides for termination for economic, technological, structural or similar reasons, or because of restructuring of the enterprise (Title I, Ch. VII, sec. 7, LLCP).
N N
2019 Philippines Asia Y
Y Art. 292 b) LC: The employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of a representative if he so desires in accordance with company rules and regulations promulgated pursuant to guidelines set by the Department of Labour and Employment. N N Y
Y •Regular employment: the employee has "the right to security of tenure" (art. 13 (3) of the Constitution and art. 294 LC). This means that an employee can only be dismissed for a just cause or an authorized cause and after the observance of the procedure laid down by the law (Omnibus Implementing Rules, Rule XIV, sec. 1)
- Just causes are blameworthy acts on the part of the employee such as serious misconduct, willful disobedience of the lawful orders of his employer or representative in connection with his work, gross and habitual neglect of duties, fraud or willful breach of trust reposed in him by his employer or duly authorized representative, commission of a crime of offense by the employee against the person of this employer or any immediate member of his family or his duly authorized representatives; and other analogous causes (art. 297, LC).
- Authorized causes are of two types: economic reasons and disease (art. 298 and 299 LC).
*Economic reasons cover "installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking".
*Disease cover situation where an "employee has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees".
Y
Y •Regular employment: the employee has "the right to security of tenure" (art. 13 (3) of the Constitution and art. 294 LC). This means that an employee can only be dismissed for a just cause or an authorized cause and after the observance of the procedure laid down by the law (Omnibus Implementing Rules, Rule XIV, sec. 1)
- Just causes are blameworthy acts on the part of the employee such as serious misconduct, willful disobedience of the lawful orders of his employer or representative in connection with his work, gross and habitual neglect of duties, fraud or willful breach of trust reposed in him by his employer or duly authorized representative, commission of a crime of offense by the employee against the person of this employer or any immediate member of his family or his duly authorized representatives; and other analogous causes (art. 297, LC).
- Authorized causes are of two types: economic reasons and disease (art. 298 and 299 LC).
*Economic reasons cover "installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking".
*Disease cover situation where an "employee has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees".
Y
Y •Regular employment: the employee has "the right to security of tenure" (art. 13 (3) of the Constitution and art. 294 LC). This means that an employee can only be dismissed for a just cause or an authorized cause and after the observance of the procedure laid down by the law (Omnibus Implementing Rules, Rule XIV, sec. 1)
- Just causes are blameworthy acts on the part of the employee such as serious misconduct, willful disobedience of the lawful orders of his employer or representative in connection with his work, gross and habitual neglect of duties, fraud or willful breach of trust reposed in him by his employer or duly authorized representative, commission of a crime of offense by the employee against the person of this employer or any immediate member of his family or his duly authorized representatives; and other analogous causes (art. 297, LC).
- Authorized causes are of two types: economic reasons and disease (art. 298 and 299 LC).
*Economic reasons cover "installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking".
*Disease cover situation where an "employee has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees".
N N
2019 Poland Europe Y
Y The dismissal decision is to be delivered in writing (Art.30, para.3 LC)
If the employer wishes to terminate a contract of employment for indefinite period of time, or in the case of termination without a notice, the employer must specify the reasons for termination (Art. 30, para. 4 LC).
Art. 30, para. 5 LC states that a declaration of the employer on the termination of a contract of employment, or its termination without notice shall contain instruction about the employee's right to appeal before the labour court.
N N Y
Y Art. 52. of the Labour Code
§ 1. An employer may terminate an employment contract without notice in case when an employee is at fault:
1) in the event of a serious breach by the employee of the employee's basic duties,
2) if the employee commits a crime, while under the employment contract, which prevents the further employment of the employee in the occupied job position, if the crime is obvious or has been declared by in a final judgment,
3) if the employee, through his/hers fault, loses a licence required to perform work in the occupied job position.
§ 2. An employment contract cannot be terminated without notice through the fault of the employee more than 1 month after the employer obtains information about the circumstances justifying the termination of the employment contract.
§ 3. The employer decides on the termination of the employment contract after consultation with a workplace trade union organisation representing the employee, which must be informed about the grounds justifying the termination of the contract. If the workplace trade union organisation has objections concerning the correctness of the termination of the employment contract, it must express its opinion immediately, and not later than 3 days.

Art. 53. of the Labour Code
§ 1. An employer may terminate an employment contract without notice:
1) if an employee is unable to work as a result of an illness:
a) for more than 3 months - if the employee has been employed with a given employer for less than 6 months,
b) for longer than the total period of receiving welfare and sickness benefits on that account, as well as receiving rehabilitation allowance for the first 3 months - if the employee has been employed with a given employer for at least 6 months, or if the incapacity to work was caused by an accident at work or an occupational disease,
2) if an employee has any justifiable absence from work for reasons other than those specified in point 1, lasting for more than 1 month.
§ 2. An employment contract cannot be terminated without notice if the employee is absent from work due to taking care of a child - while receiving allowance on this account, or if the employee is in isolation due to a contagious disease - while receiving welfare and sickness benefits on this account.
§ 3. An employment contract cannot be terminated without notice after the employee has returned to work after the reason for an absence ceases to exist.
§ 4. The provisions of Article 36 § 11 and of Article 52 § 3 apply accordingly.
§ 5. An employer should, as far as possible, reinstate an employee who within 6 months of the termination of the employment contract without notice reports to return to work immediately after the reasons for an absence referred to in § 1 and 2 cease to exist.
Y
Y Art. 52. of the Labour Code
§ 1. An employer may terminate an employment contract without notice in case when an employee is at fault:
1) in the event of a serious breach by the employee of the employee's basic duties,
2) if the employee commits a crime, while under the employment contract, which prevents the further employment of the employee in the occupied job position, if the crime is obvious or has been declared by in a final judgment,
3) if the employee, through his/hers fault, loses a licence required to perform work in the occupied job position.
§ 2. An employment contract cannot be terminated without notice through the fault of the employee more than 1 month after the employer obtains information about the circumstances justifying the termination of the employment contract.
§ 3. The employer decides on the termination of the employment contract after consultation with a workplace trade union organisation representing the employee, which must be informed about the grounds justifying the termination of the contract. If the workplace trade union organisation has objections concerning the correctness of the termination of the employment contract, it must express its opinion immediately, and not later than 3 days.

Art. 53. of the Labour Code
§ 1. An employer may terminate an employment contract without notice:
1) if an employee is unable to work as a result of an illness:
a) for more than 3 months - if the employee has been employed with a given employer for less than 6 months,
b) for longer than the total period of receiving welfare and sickness benefits on that account, as well as receiving rehabilitation allowance for the first 3 months - if the employee has been employed with a given employer for at least 6 months, or if the incapacity to work was caused by an accident at work or an occupational disease,
2) if an employee has any justifiable absence from work for reasons other than those specified in point 1, lasting for more than 1 month.
§ 2. An employment contract cannot be terminated without notice if the employee is absent from work due to taking care of a child - while receiving allowance on this account, or if the employee is in isolation due to a contagious disease - while receiving welfare and sickness benefits on this account.
§ 3. An employment contract cannot be terminated without notice after the employee has returned to work after the reason for an absence ceases to exist.
§ 4. The provisions of Article 36 § 11 and of Article 52 § 3 apply accordingly.
§ 5. An employer should, as far as possible, reinstate an employee who within 6 months of the termination of the employment contract without notice reports to return to work immediately after the reasons for an absence referred to in § 1 and 2 cease to exist.
Y
Y Art. 52. of the Labour Code
§ 1. An employer may terminate an employment contract without notice in case when an employee is at fault:
1) in the event of a serious breach by the employee of the employee's basic duties,
2) if the employee commits a crime, while under the employment contract, which prevents the further employment of the employee in the occupied job position, if the crime is obvious or has been declared by in a final judgment,
3) if the employee, through his/hers fault, loses a licence required to perform work in the occupied job position.
§ 2. An employment contract cannot be terminated without notice through the fault of the employee more than 1 month after the employer obtains information about the circumstances justifying the termination of the employment contract.
§ 3. The employer decides on the termination of the employment contract after consultation with a workplace trade union organisation representing the employee, which must be informed about the grounds justifying the termination of the contract. If the workplace trade union organisation has objections concerning the correctness of the termination of the employment contract, it must express its opinion immediately, and not later than 3 days.

Art. 53. of the Labour Code
§ 1. An employer may terminate an employment contract without notice:
1) if an employee is unable to work as a result of an illness:
a) for more than 3 months - if the employee has been employed with a given employer for less than 6 months,
b) for longer than the total period of receiving welfare and sickness benefits on that account, as well as receiving rehabilitation allowance for the first 3 months - if the employee has been employed with a given employer for at least 6 months, or if the incapacity to work was caused by an accident at work or an occupational disease,
2) if an employee has any justifiable absence from work for reasons other than those specified in point 1, lasting for more than 1 month.
§ 2. An employment contract cannot be terminated without notice if the employee is absent from work due to taking care of a child - while receiving allowance on this account, or if the employee is in isolation due to a contagious disease - while receiving welfare and sickness benefits on this account.
§ 3. An employment contract cannot be terminated without notice after the employee has returned to work after the reason for an absence ceases to exist.
§ 4. The provisions of Article 36 § 11 and of Article 52 § 3 apply accordingly.
§ 5. An employer should, as far as possible, reinstate an employee who within 6 months of the termination of the employment contract without notice reports to return to work immediately after the reasons for an absence referred to in § 1 and 2 cease to exist.
N N
2019 Portugal Europe Y
Y Communication of the reasons for dismissal is always required.
- For disciplinary dismissals:
Disciplinary dismissals are always preceded by a formal disciplinary process. The employer is first required to provide the employee, with copy to the works council, a written statement detailing the reasons for dismissal based on specific facts (statement of guilt - "nota de culpa") and the employee must be given an opportunity to respond to the allegations. (art. 353 LC) Once the disciplinary process is concluded, the employer must notify in writing his/her final decision to dismissal which shall set out the reasons for the dismissal. (art. 357, 4), 5) LC).

- Dismissal for unsuitability:
The dismissal decision which is communicated to the worker, with a copy to the works council must indicate the reasons justifying the dismissal (art. 376(1) a) LC).

- Dismissal based on the extinction of the position (individual redundancy):
The dismissal decision which is communicated to the worker, with a copy to the works council must indicate the reasons justifying the dismissal (art. 369 (1) a) LC).

For collective dismissals, the reasons for the dismissal shall be first given to the worker's representatives through the information and consultation procedures (art. with the worker's representatives (art. 360 LC). The final decision is communicated to each employee and must clearly state the reasons for the dismissal (art. 363 LC)
N N Y
Y The right to job security and the prohibition of dismissal without a fair reason is embodied in the Portuguese Constitution. Article 53 of the Constitution provides that:
"Workers shall be guaranteed job security, and dismissal without fair cause or for political or ideological reasons shall be prohibited."

The LC allows for termination of employment at the initiative of the employer for subjective reasons attributable to the employee (conduct-based motives constituting a "just cause") or for objective reasons, related to the employee (unsuitability) or not (economic reasons: collective dismissal or elimination of the position).

1) Disciplinary dismissals (just cause dismissal):

A just cause is defined as a wrongful conduct of the employee that in light of its seriousness and of its consequences makes it immediately and practically impossible for the employment relationship to continue.
The LC provides a non-exhaustive list of behaviours or acts that may constitute just cause for a dismissal including wilful disobedience to orders, breach of other employee's rights and guarantees, repeated provocation of conflicts with other employees, causing serious damages to the pecuniary interests of the company, persistent non-compliance with the due diligence obligation in performing the work, making false statements to justify absences, unjustified absence for 5 (consecutive) or ten (non-consecutive) days in a calendar year, failure to comply with the health and safety rules, unusual reduction of productivity...(art. 351 LC)

2) Dismissal for unsuitability:

It is possible to dismiss an employee on the ground of unsuitability for the position.

A) Unsuitability occurs in the following situations:
- continued reduction in the employee's productivity or quality of work;
- repeated damages to the equipment allocated to the job;
- risks for the employee's own health and safety or to that of third parties.

In addition, the following requirements must be fulfilled:
a) there has been changes in the workplace resulting from the introduction of new technologies or equipment in the six months preceding the beginning of the dismissal procedure.
b)the worker must have been given adequate training to adjust to the changes introduced and,
c) the worker must have been given an adaptation period of at least 30 days whenever the position involves health and safety risks and,
d)there is no other position available in the enterprise compatible with the "professional category of the worker" (as from 2104: the original wording referred to the "worker's qualification" (see below).

NEW in 2014: Under Law 23/2012 requirement under letter d) was eliminated. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of the requirement under letter d) unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 reintroduced the requirement under letter d) (amended as explained above).

B) In addition, unsuitability occurs in the context of complex, technical or managerial positions when the employee fails to reach the objectives previously agreed and it is practically impossible for the employment relationship to continue. In such case, changes to worker's positions resulting from the introduction of new technologies or equipment or modifications in the manufacturing or marketing process are also required. It is also compulsory that the situation of unsuitability is not caused by the lack of safety and health conditions at work attributable to the employer (art. 374(2) and 375(1) LC).

3) Economic dismissals:

The LC also allows dismissals for economic reasons. Depending on the number of employees concerned, a distinction is made between collective dismissals and dismissals based on the elimination of the position. Both types of dismissal are allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

NEW in 2014: Under the original version of the LC, art 368 (2) provided for a list of criteria to be followed to select the employee to be made redundant when more employees with the same post where present in the section; these were: 1) shorter length of service in the same post; 2) shorter length of service in the occupational category; 3) lower rank class of the occupational category, 4) shorter length of service in the enterprise. Law 23/2012 eliminated this list so that criteria could be set out by the employer provided that they were relevant and non-discriminatory. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of list unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 introduced an amended list of criteria: 1) lower level of performance, pursuant to criteria pre-disclosed to the employee; 2) lower academic and professional qualifications;3) Higher cost of keeping the employment relationship in place; lower work experience in the post; lower length of service.
Y
Y The right to job security and the prohibition of dismissal without a fair reason is embodied in the Portuguese Constitution. Article 53 of the Constitution provides that:
"Workers shall be guaranteed job security, and dismissal without fair cause or for political or ideological reasons shall be prohibited."

The LC allows for termination of employment at the initiative of the employer for subjective reasons attributable to the employee (conduct-based motives constituting a "just cause") or for objective reasons, related to the employee (unsuitability) or not (economic reasons: collective dismissal or elimination of the position).

1) Disciplinary dismissals (just cause dismissal):

A just cause is defined as a wrongful conduct of the employee that in light of its seriousness and of its consequences makes it immediately and practically impossible for the employment relationship to continue.
The LC provides a non-exhaustive list of behaviours or acts that may constitute just cause for a dismissal including wilful disobedience to orders, breach of other employee's rights and guarantees, repeated provocation of conflicts with other employees, causing serious damages to the pecuniary interests of the company, persistent non-compliance with the due diligence obligation in performing the work, making false statements to justify absences, unjustified absence for 5 (consecutive) or ten (non-consecutive) days in a calendar year, failure to comply with the health and safety rules, unusual reduction of productivity...(art. 351 LC)

2) Dismissal for unsuitability:

It is possible to dismiss an employee on the ground of unsuitability for the position.

A) Unsuitability occurs in the following situations:
- continued reduction in the employee's productivity or quality of work;
- repeated damages to the equipment allocated to the job;
- risks for the employee's own health and safety or to that of third parties.

In addition, the following requirements must be fulfilled:
a) there has been changes in the workplace resulting from the introduction of new technologies or equipment in the six months preceding the beginning of the dismissal procedure.
b)the worker must have been given adequate training to adjust to the changes introduced and,
c) the worker must have been given an adaptation period of at least 30 days whenever the position involves health and safety risks and,
d)there is no other position available in the enterprise compatible with the "professional category of the worker" (as from 2104: the original wording referred to the "worker's qualification" (see below).

NEW in 2014: Under Law 23/2012 requirement under letter d) was eliminated. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of the requirement under letter d) unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 reintroduced the requirement under letter d) (amended as explained above).

B) In addition, unsuitability occurs in the context of complex, technical or managerial positions when the employee fails to reach the objectives previously agreed and it is practically impossible for the employment relationship to continue. In such case, changes to worker's positions resulting from the introduction of new technologies or equipment or modifications in the manufacturing or marketing process are also required. It is also compulsory that the situation of unsuitability is not caused by the lack of safety and health conditions at work attributable to the employer (art. 374(2) and 375(1) LC).

3) Economic dismissals:

The LC also allows dismissals for economic reasons. Depending on the number of employees concerned, a distinction is made between collective dismissals and dismissals based on the elimination of the position. Both types of dismissal are allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

NEW in 2014: Under the original version of the LC, art 368 (2) provided for a list of criteria to be followed to select the employee to be made redundant when more employees with the same post where present in the section; these were: 1) shorter length of service in the same post; 2) shorter length of service in the occupational category; 3) lower rank class of the occupational category, 4) shorter length of service in the enterprise. Law 23/2012 eliminated this list so that criteria could be set out by the employer provided that they were relevant and non-discriminatory. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of list unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 introduced an amended list of criteria: 1) lower level of performance, pursuant to criteria pre-disclosed to the employee; 2) lower academic and professional qualifications;3) Higher cost of keeping the employment relationship in place; lower work experience in the post; lower length of service.
Y
Y The right to job security and the prohibition of dismissal without a fair reason is embodied in the Portuguese Constitution. Article 53 of the Constitution provides that:
"Workers shall be guaranteed job security, and dismissal without fair cause or for political or ideological reasons shall be prohibited."

The LC allows for termination of employment at the initiative of the employer for subjective reasons attributable to the employee (conduct-based motives constituting a "just cause") or for objective reasons, related to the employee (unsuitability) or not (economic reasons: collective dismissal or elimination of the position).

1) Disciplinary dismissals (just cause dismissal):

A just cause is defined as a wrongful conduct of the employee that in light of its seriousness and of its consequences makes it immediately and practically impossible for the employment relationship to continue.
The LC provides a non-exhaustive list of behaviours or acts that may constitute just cause for a dismissal including wilful disobedience to orders, breach of other employee's rights and guarantees, repeated provocation of conflicts with other employees, causing serious damages to the pecuniary interests of the company, persistent non-compliance with the due diligence obligation in performing the work, making false statements to justify absences, unjustified absence for 5 (consecutive) or ten (non-consecutive) days in a calendar year, failure to comply with the health and safety rules, unusual reduction of productivity...(art. 351 LC)

2) Dismissal for unsuitability:

It is possible to dismiss an employee on the ground of unsuitability for the position.

A) Unsuitability occurs in the following situations:
- continued reduction in the employee's productivity or quality of work;
- repeated damages to the equipment allocated to the job;
- risks for the employee's own health and safety or to that of third parties.

In addition, the following requirements must be fulfilled:
a) there has been changes in the workplace resulting from the introduction of new technologies or equipment in the six months preceding the beginning of the dismissal procedure.
b)the worker must have been given adequate training to adjust to the changes introduced and,
c) the worker must have been given an adaptation period of at least 30 days whenever the position involves health and safety risks and,
d)there is no other position available in the enterprise compatible with the "professional category of the worker" (as from 2104: the original wording referred to the "worker's qualification" (see below).

NEW in 2014: Under Law 23/2012 requirement under letter d) was eliminated. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of the requirement under letter d) unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 reintroduced the requirement under letter d) (amended as explained above).

B) In addition, unsuitability occurs in the context of complex, technical or managerial positions when the employee fails to reach the objectives previously agreed and it is practically impossible for the employment relationship to continue. In such case, changes to worker's positions resulting from the introduction of new technologies or equipment or modifications in the manufacturing or marketing process are also required. It is also compulsory that the situation of unsuitability is not caused by the lack of safety and health conditions at work attributable to the employer (art. 374(2) and 375(1) LC).

3) Economic dismissals:

The LC also allows dismissals for economic reasons. Depending on the number of employees concerned, a distinction is made between collective dismissals and dismissals based on the elimination of the position. Both types of dismissal are allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

NEW in 2014: Under the original version of the LC, art 368 (2) provided for a list of criteria to be followed to select the employee to be made redundant when more employees with the same post where present in the section; these were: 1) shorter length of service in the same post; 2) shorter length of service in the occupational category; 3) lower rank class of the occupational category, 4) shorter length of service in the enterprise. Law 23/2012 eliminated this list so that criteria could be set out by the employer provided that they were relevant and non-discriminatory. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of list unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 introduced an amended list of criteria: 1) lower level of performance, pursuant to criteria pre-disclosed to the employee; 2) lower academic and professional qualifications;3) Higher cost of keeping the employment relationship in place; lower work experience in the post; lower length of service.
N N
2019 Romania Europe Y
Y N N Y
Y - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
- Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy.
- Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
Such dismissals are either individual or collective.
Y
Y - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
- Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy.
- Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
Such dismissals are either individual or collective.
Y
Y - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
- Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy.
- Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
Such dismissals are either individual or collective.
N N
2019 Russian Federation Europe Y
Y Article 81 of the Labour Code N N Y
Y Article 81 of the Labour Code Y
Y Article 81 of the Labour Code Y
Y Article 81 of the Labour Code N N
2019 Rwanda Africa Y
Y Art. 28 LL provides that a party wishing to terminate a fixed-term employment contract before the expiry of the duration set therein must have legitimate reasons for termination. Y
Y •Art. 26 LL provides that an employer may terminate an employment contract without notice in case of an employee’s gross misconduct.
•Art. 27 LL provides that an indefinite-term employment contract can be terminated by either party for legitimate reasons.
•See also Art. 3 (17) LL which provides that an unfair dismissal is the termination of an employment contract by the employer without legitimate reasons or respecting procedures provided for by law.
N N N N N N N
2017 Saint Lucia Americas N N However, note that according to section 135 LA (warnings and termination for misconduct) the employer may give the employee
a written warning outlining the particulars of the offence. Section 136 LA (unsatisfactory performance) requires the employer to give the employee written warning and appropriate instructions to correct the performance.
Moreover, section 156 LA observes that on the termination of a contract of employment, if so requested by the employee, the employer shall provide the employee with a certificate of termination indicating the reason of termination of employment.
N N Y
Y Section 129 Labour Act: The employment of an employee-
a) without reference to limit of time
b) for a specific task where that task is not completed; or
c) for a time period where that time period is not completed;
shall not be terminated by an employer, unless there is a valid reason for such termination connected to the capacity, performance or conduct of the employee or for reasons of redundancy and, unless in accordance with the principles and procedures under this Division
Y
Y Section 129 Labour Act: The employment of an employee-
a) without reference to limit of time
b) for a specific task where that task is not completed; or
c) for a time period where that time period is not completed;
shall not be terminated by an employer, unless there is a valid reason for such termination connected to the capacity, performance or conduct of the employee or for reasons of redundancy and, unless in accordance with the principles and procedures under this Division
Y
Y Section 129 Labour Act: The employment of an employee-
a) without reference to limit of time
b) for a specific task where that task is not completed; or
c) for a time period where that time period is not completed;
shall not be terminated by an employer, unless there is a valid reason for such termination connected to the capacity, performance or conduct of the employee or for reasons of redundancy and, unless in accordance with the principles and procedures under this Division
N N
2017 Saudi Arabia Arab States Y
Y Sec. 75 LL: the contract can be terminated by either party for a valid reason to be specified in a written notice. Y
Y Sec. 75 LL: "a contract of an indefinite term can be terminated by either party for a valid reason to be specified in a written notice".
Sec. 80 LL: provides for a list of behaviours entailing dismissal without notice (dismissal for serious misconduct).
N N N N N N N
2019 Senegal Africa Y
Y Art. L50 LC Y
Y - Art. L56 LC: any fair reason
In addition there are some provisions on termination for economic reasons (Art. L60 LC) and summary dismissal for serious misconduct (art. L54LC).
N N N N N N N
2019 Serbia Europe Y
Y Articles 180 and 180a of Labour Code:

Article 180
(1) The employer is bound to, prior to cancellation of an employment contract in the case under Article 179, paragraphs 2 and 3 of this Act, warn the employee in writing of the existence of cause for cancelling the employment contract and to leave the worker a time period of not less than eight days from the day of serving of the warning to take a stand on the allegations stated in the warning.
(2)The employer is due to state in the warning, referred to in paragraph 1 of this Article, the grounds for dismissal, the facts and evidence which suggest that the conditions for dismissal were met, and the time period for giving a response to the warning.
(3)The warning is served on the employee in the manner prescribed for serving of the decree on cancelling the employment contract referred to in paragraph 185 of this Act.

Article 180a
Employer may terminate the employment contract of the employee referred to in Article 179, paragraph 1, item 1) of this Act, or impose some of the measures under Article 179a, if the worker has previously given written notice regarding the deficiencies in the work performed, guidance and appropriate deadline to enhance work performance, and the employee does not enhance the work performance within the given deadline
N N Y
Y Article 179 of Labour Code:

(1) An employer may cancel the employee’s employment contract for just cause which relates to employee’s work ability and his conduct, such as:
i) If the worker does not achieve the work results or does not have the necessary knowledge and skills to perform his duties;
ii) If the worker has been sentenced by a final judgment for a crime in the workplace or related to workplace;
ii) If the worker does not return to work for the employer within 15 days of the expiry of the time period of stay of employment under Article 79 of this Act, i.e. unpaid absence under Article 100 of this Act.

(2) The employer may cancel the employment contract of the employee who commits a breach of a work duty, as follows:
i) If the worker is negligent or reckless in performing the work duty;
ii) If the worker abuses his position or exceeds authority;
iii) If the worker unreasonably and irresponsibly uses means of work;
iv) If the worker does not use or uses inappropriately the allocated resources and equipment for personal protection at work;
v) If the worker commits other breach of work duty as determined by a bylaw or employment contract.

(3) The employer may cancel the employment contract of an employee who does not respect the work discipline, as follows: i) If the worker without just cause refuses to perform work duties and execute the orders of the employer in accordance with the law; (ii) If the worker does not submit a certificate of temporary impairment for work in terms of Article 103 of this Act; iii) If the worker abuses the right to a leave of absence due to temporary impairment for work; iv) If the worker comes to work under the influence of alcohol or other intoxicating substances, i.e. uses alcohol or other intoxicating substances during working hours, which has or may have an impact on the work performance; v) If the worker gave incorrect information that were critical for entering into employment relationship; vi) If the worker who works in jobs with higher risk, for which specific health fitness is a special requirement for work, refuses to undergo a health condition test; vii) If the worker does not respect work discipline prescribed by employer’s writ, or if a conduct is such that the worker cannot continue to work for the employer.

(5) Employee’s employment relationship may be terminated if there is a valid reason relating to the employer's needs, as follows: i) If as a result of technological, economic or organizational changes, the need to perform a specific job ceases, or there is a decrease in workload; ii) If the worker refuses to conclude the annex of the contract in terms of Article 171, paragraph 1, items 15) of this Act.
Y
Y Article 179 of Labour Code:

(1) An employer may cancel the employee’s employment contract for just cause which relates to employee’s work ability and his conduct, such as:
i) If the worker does not achieve the work results or does not have the necessary knowledge and skills to perform his duties;
ii) If the worker has been sentenced by a final judgment for a crime in the workplace or related to workplace;
ii) If the worker does not return to work for the employer within 15 days of the expiry of the time period of stay of employment under Article 79 of this Act, i.e. unpaid absence under Article 100 of this Act.

(2) The employer may cancel the employment contract of the employee who commits a breach of a work duty, as follows:
i) If the worker is negligent or reckless in performing the work duty;
ii) If the worker abuses his position or exceeds authority;
iii) If the worker unreasonably and irresponsibly uses means of work;
iv) If the worker does not use or uses inappropriately the allocated resources and equipment for personal protection at work;
v) If the worker commits other breach of work duty as determined by a bylaw or employment contract.

(3) The employer may cancel the employment contract of an employee who does not respect the work discipline, as follows: i) If the worker without just cause refuses to perform work duties and execute the orders of the employer in accordance with the law; (ii) If the worker does not submit a certificate of temporary impairment for work in terms of Article 103 of this Act; iii) If the worker abuses the right to a leave of absence due to temporary impairment for work; iv) If the worker comes to work under the influence of alcohol or other intoxicating substances, i.e. uses alcohol or other intoxicating substances during working hours, which has or may have an impact on the work performance; v) If the worker gave incorrect information that were critical for entering into employment relationship; vi) If the worker who works in jobs with higher risk, for which specific health fitness is a special requirement for work, refuses to undergo a health condition test; vii) If the worker does not respect work discipline prescribed by employer’s writ, or if a conduct is such that the worker cannot continue to work for the employer.

(5) Employee’s employment relationship may be terminated if there is a valid reason relating to the employer's needs, as follows: i) If as a result of technological, economic or organizational changes, the need to perform a specific job ceases, or there is a decrease in workload; ii) If the worker refuses to conclude the annex of the contract in terms of Article 171, paragraph 1, items 15) of this Act.
Y
Y Article 179 of Labour Code:

(1) An employer may cancel the employee’s employment contract for just cause which relates to employee’s work ability and his conduct, such as:
i) If the worker does not achieve the work results or does not have the necessary knowledge and skills to perform his duties;
ii) If the worker has been sentenced by a final judgment for a crime in the workplace or related to workplace;
ii) If the worker does not return to work for the employer within 15 days of the expiry of the time period of stay of employment under Article 79 of this Act, i.e. unpaid absence under Article 100 of this Act.

(2) The employer may cancel the employment contract of the employee who commits a breach of a work duty, as follows:
i) If the worker is negligent or reckless in performing the work duty;
ii) If the worker abuses his position or exceeds authority;
iii) If the worker unreasonably and irresponsibly uses means of work;
iv) If the worker does not use or uses inappropriately the allocated resources and equipment for personal protection at work;
v) If the worker commits other breach of work duty as determined by a bylaw or employment contract.

(3) The employer may cancel the employment contract of an employee who does not respect the work discipline, as follows: i) If the worker without just cause refuses to perform work duties and execute the orders of the employer in accordance with the law; (ii) If the worker does not submit a certificate of temporary impairment for work in terms of Article 103 of this Act; iii) If the worker abuses the right to a leave of absence due to temporary impairment for work; iv) If the worker comes to work under the influence of alcohol or other intoxicating substances, i.e. uses alcohol or other intoxicating substances during working hours, which has or may have an impact on the work performance; v) If the worker gave incorrect information that were critical for entering into employment relationship; vi) If the worker who works in jobs with higher risk, for which specific health fitness is a special requirement for work, refuses to undergo a health condition test; vii) If the worker does not respect work discipline prescribed by employer’s writ, or if a conduct is such that the worker cannot continue to work for the employer.

(5) Employee’s employment relationship may be terminated if there is a valid reason relating to the employer's needs, as follows: i) If as a result of technological, economic or organizational changes, the need to perform a specific job ceases, or there is a decrease in workload; ii) If the worker refuses to conclude the annex of the contract in terms of Article 171, paragraph 1, items 15) of this Act.
N N
2019 Singapore Asia N N The EA does not require the employer to provide the reasons for termination with notice: Sec. 10 (1) EA provides that either party may at any time give to the other party notice of his intention to terminate the contract.

In addition, the EA does not expressly stipulate any obligation to provide the reasons when dismissing without notice (on the grounds of misconduct: sec. 14 EA), for continuous absence from work (sec. 13 (2)), or willful breach of a condition of the contract (sec. 11 (2) EA).
N N N N N N N Y
Y - No valid grounds are listed for termination with notice.
According to sec. 10 (1) EA, either party to a contract of employment may at any time give to the other party notice of his/her intention to terminate the contract of employment.
This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.

For summary dismissal, specific grounds are listed:
See sec. 13 (2) EA (summary dismissal for unjustified absence from work) and sec. 14 EA (summary dismissal for misconduct).
Sec. 14 (2) EA provides that dismissal on the grounds of misconduct shall be based on a just cause or excuse.

Economic reasons: not listed as such as a valid ground for dismissal. They are mentioned in two provisions related to benefits arising from "dismissal on the grounds of redundancy or by reason of any reorganization of the employer's profession, business, trade or work": see sec. 45 EA (payment of retrenchment benefit) and 84A EA (maternity and right to benefit in case of dismissal for economic reasons).
2019 Slovakia Europe Y
Y Art. 61(2) LC: "An employer may only give notice to an employee for reasons expressly stipulated in this Act. The reason for giving notice must be defined in the notice in terms of fact such that it may not be confused with a different reason, or the notice shall otherwise be deemed invalid. The reason for giving notice may not be subsequently amended". N N Y
Y In Slovakia, the LC exhaustively sets out the grounds for dismissal with notice; no other ground may be added (sec. 63 LC).
Those grounds can be divided into 1) economic reasons, 2) reasons related to the individual worker (disciplinary reasons, physical incapacity, poor performance...)

Sec. 63(1) LC, as amended by Act No. 257/2011 reads as follows:
An employer may give notice to an employee only for the following reasons:
a) if the employer or part thereof ceases its operations or is relocated;
b) if an employee becomes redundant by virtue of a written decision of the employer or a competent body on changes in duties, technical equipment, reduction in the number of employees with the aim of securing work efficiency, or on other organizational changes;
c) a medical opinion states that the employee's health condition has caused a long term loss of his/her ability to perform his/her previous work or if he/she can no longer perform such work due to an occupational disease or danger of such disease, or if the maximum permitted level of exposure has been reached at in the workplace, as determined by a decision of a competent public health body;
d) The employee
1. fails to meet the requirements set out by legal regulations for the performance of the agreed work,
2. ceases to fulfil the requirements pursuant to § 42 paragraph (2),
3. fails to fulfil the requirements for the proper performance of the agreed work determined by the employer in internal regulations, through no fault of the employer, or
4. does not satisfactorily fulfill the working tasks, and the employer has in the preceding two months requested him in writing to rectify the poor performance, but the employee failed to do so within a reasonable period of time,
e) there are reasons on the part of the employee for which the employer might immediately terminate the employment relationship with him/her, or by virtue of less grave breaches of labour discipline; for less severe breaches of labour discipline; employment may be terminated with notice if, with respect to breach of labour discipline, only if the employee has been notified in writing in the preceding six months of the possibility to be dismissed.

The LC also provides that, the employer (except in certain cases) can only carry out a dismissal when:
a) the employer does not have the possibility to further employ the employee, not even for a reduced working time, in the place which was agreed as the place of work performance,
b) the employee is not willing to shift to other suitable work offered to him/her by the employer at the place of work or undertake the necessary training for this other work (sec. 63(2) LC).
This does not apply to dismissals with notice based on unsatisfactory performance of work, "less serious breach of labour discipline" and to summary dismissal.
Also, there is the possibility to regulate or exclude by way of collective agreement the above mentioned employer' obligations contained in sec. 63(2) LC (sec. 63(3) LC)]

Reasons justifying immediate termination are final conviction of an willful criminal offence and gross violation of labour discipline (see sec. 68 LC)
Y
Y In Slovakia, the LC exhaustively sets out the grounds for dismissal with notice; no other ground may be added (sec. 63 LC).
Those grounds can be divided into 1) economic reasons, 2) reasons related to the individual worker (disciplinary reasons, physical incapacity, poor performance...)

Sec. 63(1) LC, as amended by Act No. 257/2011 reads as follows:
An employer may give notice to an employee only for the following reasons:
a) if the employer or part thereof ceases its operations or is relocated;
b) if an employee becomes redundant by virtue of a written decision of the employer or a competent body on changes in duties, technical equipment, reduction in the number of employees with the aim of securing work efficiency, or on other organizational changes;
c) a medical opinion states that the employee's health condition has caused a long term loss of his/her ability to perform his/her previous work or if he/she can no longer perform such work due to an occupational disease or danger of such disease, or if the maximum permitted level of exposure has been reached at in the workplace, as determined by a decision of a competent public health body;
d) The employee
1. fails to meet the requirements set out by legal regulations for the performance of the agreed work,
2. ceases to fulfil the requirements pursuant to § 42 paragraph (2),
3. fails to fulfil the requirements for the proper performance of the agreed work determined by the employer in internal regulations, through no fault of the employer, or
4. does not satisfactorily fulfill the working tasks, and the employer has in the preceding two months requested him in writing to rectify the poor performance, but the employee failed to do so within a reasonable period of time,
e) there are reasons on the part of the employee for which the employer might immediately terminate the employment relationship with him/her, or by virtue of less grave breaches of labour discipline; for less severe breaches of labour discipline; employment may be terminated with notice if, with respect to breach of labour discipline, only if the employee has been notified in writing in the preceding six months of the possibility to be dismissed.

The LC also provides that, the employer (except in certain cases) can only carry out a dismissal when:
a) the employer does not have the possibility to further employ the employee, not even for a reduced working time, in the place which was agreed as the place of work performance,
b) the employee is not willing to shift to other suitable work offered to him/her by the employer at the place of work or undertake the necessary training for this other work (sec. 63(2) LC).
This does not apply to dismissals with notice based on unsatisfactory performance of work, "less serious breach of labour discipline" and to summary dismissal.
Also, there is the possibility to regulate or exclude by way of collective agreement the above mentioned employer' obligations contained in sec. 63(2) LC (sec. 63(3) LC)]

Reasons justifying immediate termination are final conviction of an willful criminal offence and gross violation of labour discipline (see sec. 68 LC)
Y
Y In Slovakia, the LC exhaustively sets out the grounds for dismissal with notice; no other ground may be added (sec. 63 LC).
Those grounds can be divided into 1) economic reasons, 2) reasons related to the individual worker (disciplinary reasons, physical incapacity, poor performance...)

Sec. 63(1) LC, as amended by Act No. 257/2011 reads as follows:
An employer may give notice to an employee only for the following reasons:
a) if the employer or part thereof ceases its operations or is relocated;
b) if an employee becomes redundant by virtue of a written decision of the employer or a competent body on changes in duties, technical equipment, reduction in the number of employees with the aim of securing work efficiency, or on other organizational changes;
c) a medical opinion states that the employee's health condition has caused a long term loss of his/her ability to perform his/her previous work or if he/she can no longer perform such work due to an occupational disease or danger of such disease, or if the maximum permitted level of exposure has been reached at in the workplace, as determined by a decision of a competent public health body;
d) The employee
1. fails to meet the requirements set out by legal regulations for the performance of the agreed work,
2. ceases to fulfil the requirements pursuant to § 42 paragraph (2),
3. fails to fulfil the requirements for the proper performance of the agreed work determined by the employer in internal regulations, through no fault of the employer, or
4. does not satisfactorily fulfill the working tasks, and the employer has in the preceding two months requested him in writing to rectify the poor performance, but the employee failed to do so within a reasonable period of time,
e) there are reasons on the part of the employee for which the employer might immediately terminate the employment relationship with him/her, or by virtue of less grave breaches of labour discipline; for less severe breaches of labour discipline; employment may be terminated with notice if, with respect to breach of labour discipline, only if the employee has been notified in writing in the preceding six months of the possibility to be dismissed.

The LC also provides that, the employer (except in certain cases) can only carry out a dismissal when:
a) the employer does not have the possibility to further employ the employee, not even for a reduced working time, in the place which was agreed as the place of work performance,
b) the employee is not willing to shift to other suitable work offered to him/her by the employer at the place of work or undertake the necessary training for this other work (sec. 63(2) LC).
This does not apply to dismissals with notice based on unsatisfactory performance of work, "less serious breach of labour discipline" and to summary dismissal.
Also, there is the possibility to regulate or exclude by way of collective agreement the above mentioned employer' obligations contained in sec. 63(2) LC (sec. 63(3) LC)]

Reasons justifying immediate termination are final conviction of an willful criminal offence and gross violation of labour discipline (see sec. 68 LC)
N N
2019 Slovenia Europe Y
Y Articles 85 to 87 provide rules to form and content of dismissals. Article 87 expresses the need to issue a written termination of contract notice, containing the reasons. In addition, Articles 85 and 86 provide that prior to dismissal for reasons of incapacity, the employer must allow the worker to provide his/her own defence within a reasonable deadline, which must not be shorter than three working days (Article 85). In cases where worker is a member of the trade union: If the worker so requests, the employer must notify in writing the union to which the worker belongs at the beginningof the procedure of dismissal for reasons of incapacity or for business reasons. The union may give its opinion within a deadline of sixdays. However, the employer may still terminate the employment contract, even if (the works council or trade union or workers' representative) expresses a negative opinion on the fairness of the dismissal (Art. 86, pargraph 3).

N N Y
Y Paragraph 1º of Art. 89 of ERA provides a list of reasons for ordinary termination.
The ERA distinguishes between "ordinary" and "extraordinary" termination.
An employer may ordinarily and extraordinarily terminate an employment contract with cause, or it may ordinarily terminate it owing to an occupational disability, for business reasons or owing to the employee’s incapacity to perform work owing to disability under the terms and conditions laid down in the employment contract. Ordinary termination with cause and extraordinary termination of the employment contract by the employer must be based on a substantiated reason. The ordinary termination of an employment contract owing to an occupational disability does not constitute fault othe part of the employee, but nevertheless the employer must provide a substantiated reason for termination in this case as well.
Ordinary termination shall be justified by one of the listed reasons related to the worker's conduct, capacity and economic reasons.
Extraordinary termination is allowed in exceptional cases of severe violations of the employee's obligations exhaustively listed in Article 110 of ERA (i.e criminal offence, gross negligence, absence due to imprisonment). No notice period is required in such cases. There are specific rules relating to extraordinary dismissals contained in articles 110 and 111 of ERA.
Y
Y Paragraph 1º of Art. 89 of ERA provides a list of reasons for ordinary termination.
The ERA distinguishes between "ordinary" and "extraordinary" termination.
An employer may ordinarily and extraordinarily terminate an employment contract with cause, or it may ordinarily terminate it owing to an occupational disability, for business reasons or owing to the employee’s incapacity to perform work owing to disability under the terms and conditions laid down in the employment contract. Ordinary termination with cause and extraordinary termination of the employment contract by the employer must be based on a substantiated reason. The ordinary termination of an employment contract owing to an occupational disability does not constitute fault othe part of the employee, but nevertheless the employer must provide a substantiated reason for termination in this case as well.
Ordinary termination shall be justified by one of the listed reasons related to the worker's conduct, capacity and economic reasons.
Extraordinary termination is allowed in exceptional cases of severe violations of the employee's obligations exhaustively listed in Article 110 of ERA (i.e criminal offence, gross negligence, absence due to imprisonment). No notice period is required in such cases. There are specific rules relating to extraordinary dismissals contained in articles 110 and 111 of ERA.
Y
Y Paragraph 1º of Art. 89 of ERA provides a list of reasons for ordinary termination.
The ERA distinguishes between "ordinary" and "extraordinary" termination.
An employer may ordinarily and extraordinarily terminate an employment contract with cause, or it may ordinarily terminate it owing to an occupational disability, for business reasons or owing to the employee’s incapacity to perform work owing to disability under the terms and conditions laid down in the employment contract. Ordinary termination with cause and extraordinary termination of the employment contract by the employer must be based on a substantiated reason. The ordinary termination of an employment contract owing to an occupational disability does not constitute fault othe part of the employee, but nevertheless the employer must provide a substantiated reason for termination in this case as well.
Ordinary termination shall be justified by one of the listed reasons related to the worker's conduct, capacity and economic reasons.
Extraordinary termination is allowed in exceptional cases of severe violations of the employee's obligations exhaustively listed in Article 110 of ERA (i.e criminal offence, gross negligence, absence due to imprisonment). No notice period is required in such cases. There are specific rules relating to extraordinary dismissals contained in articles 110 and 111 of ERA.
N N
2019 South Africa Africa Y
Y Although there is no general provision in the LRA on the obligation to give the employee the reasons for dismissal, this obligation is implied from several provisions of this Act and in particular the Code of Good Practice on Dismissal contained in the schedule 8 to the LRA.
The Code of Good Practice details the key aspects (including procedural requirements) of individual dismissals for reasons related to conduct and capacity (see valid grounds).
* As far as misconduct is concerned, the Code stipulates that the employee has to be informed of the allegations against him or her and has to be given a chance to respond (where necessary, with the assistance of trade union or employees' representatives). If the employee is dismissed, he or she should be given the reasons for dismissal (art. 4 (1) and (4) Code of Good Practice).
* With regard to incapacity /poor work performance, the obligation to provide reasons is not expressly stated in the Code. However, dismissal during the probationary period cannot take place before the employer has informed the employee that he or she fails to meet performance standards and the employee has had the opportunity to respond by making representations himself or through a trade union representative or fellow employee (sec. 8(1) of the Code).
With regards to employees having completed the period of probation, the Code stipulates that the procedure leading to dismissal should include an investigation to establish the reasons for the unsatisfactory performance (sec. 8(2) of the Code).
In the event of dismissal based on incapacity/ ill health or injury, the employer shall also conduct an investigation and allow the employee to state a case in response and to be assisted.
* Lastly, for dismissals based on operational requirements, the reasons for dismissal are communicated to the employees through the compulsory process of consultation with the trade unions or the workplace forum (see art. 189 (1) and (3)a) LRA).

In any case, the employer will have to explain the reasons for the dismissal before the competent authority in charge of deciding whether or not the reason for dismissal is a fair reasons (sec. 188 LRA, see "valid grounds")
Y
Y "Any fair reasons" should be understood as meaning: "any fair reasons related to workers’ conduct, workers’ capacity, and economic reasons".

Sec. 188 of the LRA stipulates that a dismissal is unfair where the employer fails to prove that the dismissal was effected for a fair reason connected with the employee's conduct or capacity or based on the employer's operational requirements. (see also sec. 2 of the Code of Good Practice, Schedule 8 to the LRA).
The Code of Good practice which shall be considered by any competent authority assessing whether or not the dismissal is fair contains detailed provisions including guidelines on dismissals for misconduct, dismissals for poor work performance and dismissals arising from health injury.

Please also note that a dismissal is also unfair if not effected in accordance with a fair procedure which includes taking account of the Code of Good Practice (see sec. 188 (2) LRA and the Code of Good Practice).
N N N N N N N
2019 Spain Europe Y
Y Art. 53(1)a): written notification of dismissal stating the reasons. N N Y
Y Upon expiry of the trial period, dismissal (including of a fixed term employee) shall always be justified under Spanish law. The valid grounds for termination are divided between objective causes [= worker's capacity, economic reasons] and disciplinary causes [worker's conduct]:

1) Objective causes (art. 52 ET):
* the incompetence of the employee, known to the employer or later demonstrated by the employee after joining the enterprise;
* the worker's failure to adapt to the technical modification of his or her job, if such changes is reasonable and has occurred after a minimum of two months from the introduction of the modification;
* economic, technical, organisational or production reasons justifying collective and non-collective dismissals.

As a result of the Act 35/2010 (and previously the RDL 10/2010), the law now contains a definitions of what constitute economic, technical, organisational or production reasons: these definitions have later been amended by Royal Decree Law 3/2012 (see art. 51.1 ET on collective dismissals).]
* persistent absenteeism (= absence from work, even justified but intermittent, amounting to 20% of the working days in two consecutive months, or 25% in four discontinuous months within a period of 12 months, if the rate of absenteeism of the total workforce exceeds 5% during the same periods.

Note: This 5% threshold has been set out by Law 3/2012. Royal Decree Law 10/2010 had decreased this threshold to 2.5 from the 5% level that existed prior to 2010.

However, the following will not be considered as absenteeism: legal strikes, employees' representative activities, labour accidents, maternity leave, vacations, temporary absence from work of more than 20 consecutive days due to sickness or non-employment-related accidents, and/or physical or psychological situation due to gender violence; and
* lack of funding for public programs carried out public authorities or non-profit entities.

2) Disciplinary causes (art. 54 ET):
* repeated and unjustified absence or lateness in the workplace;
* insubordinate conduct or disobedience at work;
* verbal or physical abuse directed at the employer or the persons employed in the enterprise or the family living with them;
* breach of contractual good faith and abuse of trust in discharge of duties;
* continuous default on the amount of work carried out
* habitual drunkenness or drug addiction if it adversely affects work; and
* harassment based on race or ethnic origin, religious beliefs or conviction, disability, age or sexual orientation or sexual harassment against the employer or other persons working at the company.
Y
Y Upon expiry of the trial period, dismissal (including of a fixed term employee) shall always be justified under Spanish law. The valid grounds for termination are divided between objective causes [= worker's capacity, economic reasons] and disciplinary causes [worker's conduct]:

1) Objective causes (art. 52 ET):
* the incompetence of the employee, known to the employer or later demonstrated by the employee after joining the enterprise;
* the worker's failure to adapt to the technical modification of his or her job, if such changes is reasonable and has occurred after a minimum of two months from the introduction of the modification;
* economic, technical, organisational or production reasons justifying collective and non-collective dismissals.

As a result of the Act 35/2010 (and previously the RDL 10/2010), the law now contains a definitions of what constitute economic, technical, organisational or production reasons: these definitions have later been amended by Royal Decree Law 3/2012 (see art. 51.1 ET on collective dismissals).]
* persistent absenteeism (= absence from work, even justified but intermittent, amounting to 20% of the working days in two consecutive months, or 25% in four discontinuous months within a period of 12 months, if the rate of absenteeism of the total workforce exceeds 5% during the same periods.

Note: This 5% threshold has been set out by Law 3/2012. Royal Decree Law 10/2010 had decreased this threshold to 2.5 from the 5% level that existed prior to 2010.

However, the following will not be considered as absenteeism: legal strikes, employees' representative activities, labour accidents, maternity leave, vacations, temporary absence from work of more than 20 consecutive days due to sickness or non-employment-related accidents, and/or physical or psychological situation due to gender violence; and
* lack of funding for public programs carried out public authorities or non-profit entities.

2) Disciplinary causes (art. 54 ET):
* repeated and unjustified absence or lateness in the workplace;
* insubordinate conduct or disobedience at work;
* verbal or physical abuse directed at the employer or the persons employed in the enterprise or the family living with them;
* breach of contractual good faith and abuse of trust in discharge of duties;
* continuous default on the amount of work carried out
* habitual drunkenness or drug addiction if it adversely affects work; and
* harassment based on race or ethnic origin, religious beliefs or conviction, disability, age or sexual orientation or sexual harassment against the employer or other persons working at the company.
Y
Y Upon expiry of the trial period, dismissal (including of a fixed term employee) shall always be justified under Spanish law. The valid grounds for termination are divided between objective causes [= worker's capacity, economic reasons] and disciplinary causes [worker's conduct]:

1) Objective causes (art. 52 ET):
* the incompetence of the employee, known to the employer or later demonstrated by the employee after joining the enterprise;
* the worker's failure to adapt to the technical modification of his or her job, if such changes is reasonable and has occurred after a minimum of two months from the introduction of the modification;
* economic, technical, organisational or production reasons justifying collective and non-collective dismissals.

As a result of the Act 35/2010 (and previously the RDL 10/2010), the law now contains a definitions of what constitute economic, technical, organisational or production reasons: these definitions have later been amended by Royal Decree Law 3/2012 (see art. 51.1 ET on collective dismissals).]
* persistent absenteeism (= absence from work, even justified but intermittent, amounting to 20% of the working days in two consecutive months, or 25% in four discontinuous months within a period of 12 months, if the rate of absenteeism of the total workforce exceeds 5% during the same periods.

Note: This 5% threshold has been set out by Law 3/2012. Royal Decree Law 10/2010 had decreased this threshold to 2.5 from the 5% level that existed prior to 2010.

However, the following will not be considered as absenteeism: legal strikes, employees' representative activities, labour accidents, maternity leave, vacations, temporary absence from work of more than 20 consecutive days due to sickness or non-employment-related accidents, and/or physical or psychological situation due to gender violence; and
* lack of funding for public programs carried out public authorities or non-profit entities.

2) Disciplinary causes (art. 54 ET):
* repeated and unjustified absence or lateness in the workplace;
* insubordinate conduct or disobedience at work;
* verbal or physical abuse directed at the employer or the persons employed in the enterprise or the family living with them;
* breach of contractual good faith and abuse of trust in discharge of duties;
* continuous default on the amount of work carried out
* habitual drunkenness or drug addiction if it adversely affects work; and
* harassment based on race or ethnic origin, religious beliefs or conviction, disability, age or sexual orientation or sexual harassment against the employer or other persons working at the company.
N N
2019 Sri Lanka Asia N N The TEWA does not expressly require the employer to inform the employees of the reasons for dismissal except for disciplinary dismissal (art. 2(5) TEWA)
However, any dismissal of a worker covered by the TEWA which is not a disciplinary dismissal cannot take place without
* the prior consent in writing of the worker; or
* the prior written approval of the Commissioner (art. 2(1) TEWA).
It might be that the employer shall be requested to inform the Commissioner of the reasons for dismissal when requesting approval. Sec. 13 provides that the Commissioner might direct the employer to furnish any information or explanation.
Note also that the employee shall also be afforded the opportunity to be heard during the approval process.
N N N N N N N Y
Y Except for the reference to "termination by reason of punishment imposed by way of disciplinary action" (sec. 2(4) TEWA), the TEWA does not specify any valid grounds for dismissal.
The employer cannot dismiss an employee other than for disciplinary reasons without:
* the prior consent in writing of the worker; or
* the prior written approval of the Commissioner which exercises an absolute discretion in granting or refusing approval (art. 2(1) TEWA).


The IDA defines retrenchment as termination by an employer of the services of a worker or workers on the ground that they are in excess of the number of workers required by such employer to carry on his/her industry (sec. 48 IDA)
2017 Sweden Europe Y
Y Sec. 9 EPA: The employer is obliged, upon request by the employee, to state the circumstances on which notice is based.

In case summary dismissals (without notice), the employer is also obliged to state the reasons behind the dismissal upon request of the employee: sec. 19 EPA.
Y
Y Sec. 7 EPA: Notice of termination must be based on objective grounds.
Those grounds can be linked to economic circumstances or circumstances relating to the employee personally.
N N N N N N N
2019 Switzerland Europe Y
Y The Swiss CO distinguishes between two categories of individual dismissals:
1) Ordinary dismissal ("congé") by one of the party with a notice period:
Written justification must be provided upon request by the other party (art. 335 CO).

2) Termination by one one the party with immediate effect:
Written justification must be provided upon request of the other party (art. 337 CO).
N N N N N N N Y
Y The employment contract can be terminated by either party provided that notice period requirements are complied with.
No list of valid grounds is provided. However, this does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition, the CO states that dismissal ("congé") should not constitute an abuse of right (art. 336 CO).

For termination with immediate effect (no notice), fair reasons (good cause) are requested. Art. 337 CO provides in this respect that both the employer and the employee may terminate the employment relationship with immediate effect at any time for a "good cause" (fair reason). The party doing so must give his reasons in writing at the other party's request. The notion of "good cause" shall be understood as covering any circumstance which would render the continuation of the employment relationship in good faith not possible. The court shall determine, at its own discretion, whether there is a good cause.
2013 Syrian Arab Republic Arab States N N N N N N N N N Y
Y According to art. 56 LL, either party may terminate the unspecified-term contract provided they send the other party prior written notice of termination.
However, this does not result in a total freedom of the employer to terminate the contract.
2019 Tajikistan Europe Y
Y Art. 45 (1) LC states that termination must be justified by the employer. It adds that employers must in written form let the worker know about employers' intentions to terminate the labour contract. N N Y
Y Art. 42 LC lists the following valid reasons for the termination of employment of a contract of an indefinite duration:
1) liquidation of the organization; termination of the activities of the employer; downsizing or staff;
2) a mismatch of the employee position or work because of poor training, or health status, which are preventing the continuation of this work;
3) systematic failure of a culpable employee without good reason in the performance of job duties assigned to him/her by the labour agreement or by the internal labour regulations, if an employee previously employed disciplinary action;
4) absenteeism (including the absence of more than three hours during the day) without a good reason;
5) absence from work for more than four consecutive months due to temporary disability, not including maternity leave, unless the law is set longer-term preservation of jobs (positions) with a certain disease. For employees unable to work due to injury or occupational disease, work place (position) is maintained until rehabilitation or establishment of invalidity;
6) coming to work drunk, of under drugs or toxic substances;
7) committing theft in the workplace
8) termination of employment contract (contract) with the part-taking in connection with another employee who is not a part-time, and because of restrictions on moonlighting;
9) termination of employment contract (contract) with the head of the organization in connection with the change of ownership;
10) single gross violation of labour law by heads the organization (separate its divisions) and their deputies;
11) guilty of committing an employee, directly serving the financial and commodity values, actions, giving rise to loss of confidence in him by the employer;
12) Commission employees who perform educational functions and who commuted an immoral act that is incompatible with the continuation of this work;
13) violation of statutory procedures and rules for employment.
Laws, statutes and regulations on discipline may also provide other additional grounds for termination of employment (contract) by the employer.
Termination of the employment agreement (contract) on the grounds referred to in paragraph 1 (except when liquidation), in paragraph 2, paragraph 2 of Article 53 of the Labour Code will be permitted if the employer can not transfer the employee with his or her consent to another job.
The termination of employment is not allowed during the period of temporary disability (other than dismissal under paragraph 5 of this article) and the period when the employee is on leave, except in cases of the liquidation of the organization, or the termination of the activities of the employer.
Y
Y Art. 42 LC lists the following valid reasons for the termination of employment of a contract of an indefinite duration:
1) liquidation of the organization; termination of the activities of the employer; downsizing or staff;
2) a mismatch of the employee position or work because of poor training, or health status, which are preventing the continuation of this work;
3) systematic failure of a culpable employee without good reason in the performance of job duties assigned to him/her by the labour agreement or by the internal labour regulations, if an employee previously employed disciplinary action;
4) absenteeism (including the absence of more than three hours during the day) without a good reason;
5) absence from work for more than four consecutive months due to temporary disability, not including maternity leave, unless the law is set longer-term preservation of jobs (positions) with a certain disease. For employees unable to work due to injury or occupational disease, work place (position) is maintained until rehabilitation or establishment of invalidity;
6) coming to work drunk, of under drugs or toxic substances;
7) committing theft in the workplace
8) termination of employment contract (contract) with the part-taking in connection with another employee who is not a part-time, and because of restrictions on moonlighting;
9) termination of employment contract (contract) with the head of the organization in connection with the change of ownership;
10) single gross violation of labour law by heads the organization (separate its divisions) and their deputies;
11) guilty of committing an employee, directly serving the financial and commodity values, actions, giving rise to loss of confidence in him by the employer;
12) Commission employees who perform educational functions and who commuted an immoral act that is incompatible with the continuation of this work;
13) violation of statutory procedures and rules for employment.
Laws, statutes and regulations on discipline may also provide other additional grounds for termination of employment (contract) by the employer.
Termination of the employment agreement (contract) on the grounds referred to in paragraph 1 (except when liquidation), in paragraph 2, paragraph 2 of Article 53 of the Labour Code will be permitted if the employer can not transfer the employee with his or her consent to another job.
The termination of employment is not allowed during the period of temporary disability (other than dismissal under paragraph 5 of this article) and the period when the employee is on leave, except in cases of the liquidation of the organization, or the termination of the activities of the employer.
Y
Y Art. 42 LC lists the following valid reasons for the termination of employment of a contract of an indefinite duration:
1) liquidation of the organization; termination of the activities of the employer; downsizing or staff;
2) a mismatch of the employee position or work because of poor training, or health status, which are preventing the continuation of this work;
3) systematic failure of a culpable employee without good reason in the performance of job duties assigned to him/her by the labour agreement or by the internal labour regulations, if an employee previously employed disciplinary action;
4) absenteeism (including the absence of more than three hours during the day) without a good reason;
5) absence from work for more than four consecutive months due to temporary disability, not including maternity leave, unless the law is set longer-term preservation of jobs (positions) with a certain disease. For employees unable to work due to injury or occupational disease, work place (position) is maintained until rehabilitation or establishment of invalidity;
6) coming to work drunk, of under drugs or toxic substances;
7) committing theft in the workplace
8) termination of employment contract (contract) with the part-taking in connection with another employee who is not a part-time, and because of restrictions on moonlighting;
9) termination of employment contract (contract) with the head of the organization in connection with the change of ownership;
10) single gross violation of labour law by heads the organization (separate its divisions) and their deputies;
11) guilty of committing an employee, directly serving the financial and commodity values, actions, giving rise to loss of confidence in him by the employer;
12) Commission employees who perform educational functions and who commuted an immoral act that is incompatible with the continuation of this work;
13) violation of statutory procedures and rules for employment.
Laws, statutes and regulations on discipline may also provide other additional grounds for termination of employment (contract) by the employer.
Termination of the employment agreement (contract) on the grounds referred to in paragraph 1 (except when liquidation), in paragraph 2, paragraph 2 of Article 53 of the Labour Code will be permitted if the employer can not transfer the employee with his or her consent to another job.
The termination of employment is not allowed during the period of temporary disability (other than dismissal under paragraph 5 of this article) and the period when the employee is on leave, except in cases of the liquidation of the organization, or the termination of the activities of the employer.
N N
2019 Tanzania, United Republic of Africa Y
Y Article 41(3)(a) ELRA provides that a notice of termination shall be in writing, stating the reasons for termination. Y
Y Art. 37 ELRA: employees may not be dismissed unfairly by an employer. Termination of employment is unfair if the employer fails to prove that the reason for the termination is valid, that the reason is fair and that the employment was terminated in accordance with fair procedure. A 'fair' reason is one that is related to the employee's conduct, capacity or compatibility; or is based on the operational requirements of the employer. N N N N N N N
2019 Thailand Asia N N No general obligation to inform the employee of the grounds of dismissal except in the event of an economic dismissal (art. 121 LPA) and of a summary dismissal for misconduct (art. 119 LPA, as amended by LPA-No2 of 2008 (art. 18)) N N N N N N N Y
Y Valid grounds (justified dismissal): none but if there is no valid ground stipulated in the law, the employees may be entitled to receive severance pay, payment in lieu of notice or compensation for unfair dismissal

- Either party may terminate an employment contract of indefinite duration provided that notice requirements (or pay in lieu of notice) are complied with (art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8)) and art. 17/1 LPA, as amended by LPA-No7 of 2019).
- In addition, art. 121 LPA allows the employer to terminate the an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology thus making it necessary to reduce the number of employees. In such cases, specific notifications requirements apply (see below under "Procedural requirements for collective dismissals for economic reasons")
- Lastly, the law authorizes disciplinary dismissals without notice. According to art. 583 CC, an employer may dismiss an employee who wilfully disobeys or habitually neglects the lawful commands of his or her employer; absents himself or herself from service; is guilty of gross misconduct; or otherwise acts in a manner incompatible with the due and faithful discharge of his or her duties.
See also Art. 119 LPA, as amended by LPA-No2 of 2008 (art. 18)) which provides that severance pay is not due an employee whose dismissal arises because he or she:
* has been dishonest on duty;
* has deliberately committed a criminal offence against the employer; * has intentionally caused damage to the employer;
* has violated working rules or lawful orders from the employer;
* has been absent for three consecutive working days without justification;
* has caused serious damage to the employer due to negligence; or
* has been sentenced to imprisonment
2019 Tunisia Africa Y
Y Art. 14ter LC. Y
Y Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.
- One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC.
Serious misconduct includes, inter alia:
* wilful damage to the property of the undertaking;
* wilful reduction of the product volume or product quality;
* non-observance of rules related to safety and health;
* neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
* disobedience of legitimate orders;
* bribe-taking;
* theft;
* turning up for work in a state of intoxication;
* consumption of alcohol at the workplace;
* absence or desertion of the workplace without good cause or the employer's permission;
* violence or threats against colleagues or other persons during working hours;
* divulging trade secrets; and
* refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
- Dismissal may also be effected for economic and technological reasons (art. 21 LC).
_________________________
- Art. 14ter du Code du travail: "Est considéré comme abusif, le licenciement intervenu sans l'existence d'une cause réelle et sérieuse le justifiant ou sans respect des procédures (...)".
- Art. 14quater du Code du travail: "La faute grave est considérée comme l'une des causes réelles et sérieuses justifiant le licenciement". Pour une liste d'exemples de faute grave, voy. Art. 14 quater LC.
- Art. 21 du Code du travail: Le licenciement peut aussi être effectué pour des raisons économiques ou technologiques.
N N N N N N N
2019 Turkmenistan Europe Y
Y Art. 40 and art. 44 LC N N Y
Y Art. 42 LC provides that the reasons for dismissal can be the following:
- 1) liquidation of the enterprise or termination of activities by an individual employer;
- 2) a reduction in the number or staff of workers, including in connection with changes in production technology, organization of labor, reduction in the volume of work;
- 3) the employee’s inconsistencies with the position held or the work performed due to insufficient qualifications, including those confirmed by the certification results;
- 4) change of the owner of the enterprise (in relation to the head of the enterprise, his deputies and the chief accountant) in accordance with the first part of Article 37 of this Code;
- 5) absence from work for more than four months in a row due to temporary disability, not counting the period of maternity leave, unless the legislation of Turkmenistan establishes a longer term for maintaining a place of work (position) for a specific disease. For employees who have lost their ability to work due to labor injury or occupational disease, the place of work (position) is maintained until the restoration of working capacity or the establishment of disability;
- 6) systematic non-performance by an employee without valid excuses of employment duties assigned to him by the employment contract or the internal labor regulations of the enterprise, if the employee has previously been subject to disciplinary measures;
- 7) absenteeism, including absence from work without good reason for more than three hours during the working day;
- 8) appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
- 9) the disclosure of secrets protected by the legislation of Turkmenistan (state, commercial, official and other), which became known to the employee in connection with the performance of his job duties;
- 10) commission at the place of work of embezzlement of property, embezzlement, its deliberate destruction or damage established by a valid court verdict or decision of the body whose competence includes the imposition of an administrative penalty;
- 11) violation by an employee of labor protection requirements, if this violation entailed grave consequences (work accident, accident, catastrophe) or deliberately created a real threat of such consequences;
- 12) in case of revealing the fact of submission by the employee to the employer of forged documents or knowingly false information when concluding an employment contract;
- 13) stipulated by the employment contract with the head of the enterprise, members of the executive body of the enterprise;
- 14) in other cases established by this Code.
Y
Y Art. 42 LC provides that the reasons for dismissal can be the following:
- 1) liquidation of the enterprise or termination of activities by an individual employer;
- 2) a reduction in the number or staff of workers, including in connection with changes in production technology, organization of labor, reduction in the volume of work;
- 3) the employee’s inconsistencies with the position held or the work performed due to insufficient qualifications, including those confirmed by the certification results;
- 4) change of the owner of the enterprise (in relation to the head of the enterprise, his deputies and the chief accountant) in accordance with the first part of Article 37 of this Code;
- 5) absence from work for more than four months in a row due to temporary disability, not counting the period of maternity leave, unless the legislation of Turkmenistan establishes a longer term for maintaining a place of work (position) for a specific disease. For employees who have lost their ability to work due to labor injury or occupational disease, the place of work (position) is maintained until the restoration of working capacity or the establishment of disability;
- 6) systematic non-performance by an employee without valid excuses of employment duties assigned to him by the employment contract or the internal labor regulations of the enterprise, if the employee has previously been subject to disciplinary measures;
- 7) absenteeism, including absence from work without good reason for more than three hours during the working day;
- 8) appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
- 9) the disclosure of secrets protected by the legislation of Turkmenistan (state, commercial, official and other), which became known to the employee in connection with the performance of his job duties;
- 10) commission at the place of work of embezzlement of property, embezzlement, its deliberate destruction or damage established by a valid court verdict or decision of the body whose competence includes the imposition of an administrative penalty;
- 11) violation by an employee of labor protection requirements, if this violation entailed grave consequences (work accident, accident, catastrophe) or deliberately created a real threat of such consequences;
- 12) in case of revealing the fact of submission by the employee to the employer of forged documents or knowingly false information when concluding an employment contract;
- 13) stipulated by the employment contract with the head of the enterprise, members of the executive body of the enterprise;
- 14) in other cases established by this Code.
Y
Y Art. 42 LC provides that the reasons for dismissal can be the following:
- 1) liquidation of the enterprise or termination of activities by an individual employer;
- 2) a reduction in the number or staff of workers, including in connection with changes in production technology, organization of labor, reduction in the volume of work;
- 3) the employee’s inconsistencies with the position held or the work performed due to insufficient qualifications, including those confirmed by the certification results;
- 4) change of the owner of the enterprise (in relation to the head of the enterprise, his deputies and the chief accountant) in accordance with the first part of Article 37 of this Code;
- 5) absence from work for more than four months in a row due to temporary disability, not counting the period of maternity leave, unless the legislation of Turkmenistan establishes a longer term for maintaining a place of work (position) for a specific disease. For employees who have lost their ability to work due to labor injury or occupational disease, the place of work (position) is maintained until the restoration of working capacity or the establishment of disability;
- 6) systematic non-performance by an employee without valid excuses of employment duties assigned to him by the employment contract or the internal labor regulations of the enterprise, if the employee has previously been subject to disciplinary measures;
- 7) absenteeism, including absence from work without good reason for more than three hours during the working day;
- 8) appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
- 9) the disclosure of secrets protected by the legislation of Turkmenistan (state, commercial, official and other), which became known to the employee in connection with the performance of his job duties;
- 10) commission at the place of work of embezzlement of property, embezzlement, its deliberate destruction or damage established by a valid court verdict or decision of the body whose competence includes the imposition of an administrative penalty;
- 11) violation by an employee of labor protection requirements, if this violation entailed grave consequences (work accident, accident, catastrophe) or deliberately created a real threat of such consequences;
- 12) in case of revealing the fact of submission by the employee to the employer of forged documents or knowingly false information when concluding an employment contract;
- 13) stipulated by the employment contract with the head of the enterprise, members of the executive body of the enterprise;
- 14) in other cases established by this Code.
N N
2019 Türkiye Europe Y
Y Art. 19 LA.
This requirement only applies if the following criteria are fulfilled:
- the employee is engaged for an indefinite period, and
- the employee has worked for at least 6 months, and
- the employee works in an establishment with at least 30 employees.
In addition, are also excluded from this requirement: the employer's representatives and his assistants authorized to manage the entire enterprise as well as the employer's representatives managing the entire establishment who are also authorized to recruit and terminate employees.
Y
Y * Art 18 LA (termination with a valid reason/ job security provision): There must be a valid reason for dismissal connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking.

This requirement only applies if the 3 following criteria are fulfilled:
- the employee is engaged for an indefinite period, and
- the employee has worked for at least 6 months, and
- the employee works in an establishment with at least 30 employees.

In addition, are also excluded from this protection: the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employer' representatives managing the entire establishment who are also authorized to recruit and terminate employees.

In case of such dismissal with just cause, the notice requirements shall be complied with.

* Therefore, employers can dismiss employees falling outside the scope of application of article 18 LA (job security provision) without having to present a valid reason provided that the notice requirements are observed in accordance with art. 17 LA.
However, the employer is not entirely free in dismissing those employees since in the event of abusive termination of his or her right to terminate, he or she shall be liable to pay compensation amounting to 3 times the wages for period of notice (= max. 24 weeks).

* In addition, the LA allows the employer or the employee to immediately terminate an employment contract for a just cause whether for a defi­nite or indefinite period, before its expiry or without the prescribed notice periods. This is referred to in the law as the "the breaking of the employment contract".
The law provides a list of reasons for breaking the contract for a just cause which are divided in three groups for the employee and four groups for the employer (Art. 24 and 25 LA), namely, reasons of health; immoral or dishonourable conduct or other similar behaviour and force majeure. There is also a fourth group for the employer which is the employee being under arrest or under custody.
The employer is entitled to break the employment contract, whether for a defi­nite or indefinite period, before its expiry or without the prescribed notice periods in the above cases.
N N N N N N N
2019 Uganda Africa Y
Y If so requested by the employee, the reasons for termination may be indicated by the employer in the certificate of service which shall be delivered upon termination of the contract: art. 61 EA.

In addition, according to art. 66 EA, the employer must conduct a preliminary hearing with the employee and another person of his or her choice before reaching a decision to dismiss that employee on the grounds of misconduct or poor performance. During, this hearing, the employer shall explain to the employee the reasons for which he or she is considering dismissing him or her.
Y
Y See art. 73 EA.
A dismissal is unfair if
1) it was made for prohibited reasons (see prohibited grounds) or
2) it was not "just and equitable" for the employer to terminate the contract of the employee.
In assessing whether termination was just and equitable, the labour officer shall consider: i) the code of discipline, ii) the procedure followed by the employer in reaching the decision, iii) the conduct and capability of the employee, iv) compliance with the statutory procedural requirements, v) the previous practice of the employer in dealing with similar circumstances.
N N N N N N N
2019 Ukraine Europe Y
Y Art.47 N N Y
Y Termination of a labour agreement on the initiative of the owner or authorized agency according to Art. 40:

1) changes in production and labor organization, including liquidation, reorganization, bankruptcy or conversion of enterprises, institutions, organizations, downsizing or staff;

2) revealed inconsistencies in employee's professional duties or work performed as a result of inadequate training and health, which hinder the continuation of this work, as well as in the case of refusal of access to state secrets or cancel access to state secrets, if the fulfillment of its responsibilities 'Relations requires access to state secrets;

3) systematic failure of an employee in performing duties, without a good reason, imposed by the labor contract or internal regulations, if applied to an employee before disciplinary action or civil penalty;

4) absence (including absence from work for more than three hours during the working day) without good reason;

5) absence from work for more than four consecutive months due to sick leave, excluding maternity and lineages, if the legislation does not set a longer term preservation of jobs (positions) at a certain disease. For workers who have lost capacity due to industrial injury or occupational disease, workplace (office) is kept to a rehabilitation or a disability;
6) reinstatement of an employee who previously performed this work;

7) appearance at work drunk, or by the influence of drugs or toxic substances;

8) committing theft in the workplace

Dismissal on the grounds specified in paragraphs 1, 2 and 6 of this Article shall be allowed, if you can not transfer an employee with his consent, to another job.

{Part three of Article 40 is excluded on the basis of Law N 6/95-VR on 19/01/95}

The dismissal on the initiative of the owner or authorized body is not allowed during employee's temporary disability (other than dismissal under paragraph 5 of this article) and for the period while the employee is on vacation. This rule does not apply in case of complete liquidation of the enterprise, institution or organization.
Also, art. 41 LC states that additional reasons for termination may be:
1.A gross violation of duty by the CEO, his/hers deputies, chief accountant etc.
2.Violation of duties of an employee who directly deals with with
money, commodities or cultural valuables if such
actions resulted in the loss of his employer's confidence
3.Immoral actions by a tutor

Workers on probation may be dismissed without the consent of the relevant trade union if they are not suitable for the work for which they were hired (Article 28 LC)
Y
Y Termination of a labour agreement on the initiative of the owner or authorized agency according to Art. 40:

1) changes in production and labor organization, including liquidation, reorganization, bankruptcy or conversion of enterprises, institutions, organizations, downsizing or staff;

2) revealed inconsistencies in employee's professional duties or work performed as a result of inadequate training and health, which hinder the continuation of this work, as well as in the case of refusal of access to state secrets or cancel access to state secrets, if the fulfillment of its responsibilities 'Relations requires access to state secrets;

3) systematic failure of an employee in performing duties, without a good reason, imposed by the labor contract or internal regulations, if applied to an employee before disciplinary action or civil penalty;

4) absence (including absence from work for more than three hours during the working day) without good reason;

5) absence from work for more than four consecutive months due to sick leave, excluding maternity and lineages, if the legislation does not set a longer term preservation of jobs (positions) at a certain disease. For workers who have lost capacity due to industrial injury or occupational disease, workplace (office) is kept to a rehabilitation or a disability;
6) reinstatement of an employee who previously performed this work;

7) appearance at work drunk, or by the influence of drugs or toxic substances;

8) committing theft in the workplace

Dismissal on the grounds specified in paragraphs 1, 2 and 6 of this Article shall be allowed, if you can not transfer an employee with his consent, to another job.

{Part three of Article 40 is excluded on the basis of Law N 6/95-VR on 19/01/95}

The dismissal on the initiative of the owner or authorized body is not allowed during employee's temporary disability (other than dismissal under paragraph 5 of this article) and for the period while the employee is on vacation. This rule does not apply in case of complete liquidation of the enterprise, institution or organization.
Also, art. 41 LC states that additional reasons for termination may be:
1.A gross violation of duty by the CEO, his/hers deputies, chief accountant etc.
2.Violation of duties of an employee who directly deals with with
money, commodities or cultural valuables if such
actions resulted in the loss of his employer's confidence
3.Immoral actions by a tutor

Workers on probation may be dismissed without the consent of the relevant trade union if they are not suitable for the work for which they were hired (Article 28 LC)
Y
Y Termination of a labour agreement on the initiative of the owner or authorized agency according to Art. 40:

1) changes in production and labor organization, including liquidation, reorganization, bankruptcy or conversion of enterprises, institutions, organizations, downsizing or staff;

2) revealed inconsistencies in employee's professional duties or work performed as a result of inadequate training and health, which hinder the continuation of this work, as well as in the case of refusal of access to state secrets or cancel access to state secrets, if the fulfillment of its responsibilities 'Relations requires access to state secrets;

3) systematic failure of an employee in performing duties, without a good reason, imposed by the labor contract or internal regulations, if applied to an employee before disciplinary action or civil penalty;

4) absence (including absence from work for more than three hours during the working day) without good reason;

5) absence from work for more than four consecutive months due to sick leave, excluding maternity and lineages, if the legislation does not set a longer term preservation of jobs (positions) at a certain disease. For workers who have lost capacity due to industrial injury or occupational disease, workplace (office) is kept to a rehabilitation or a disability;
6) reinstatement of an employee who previously performed this work;

7) appearance at work drunk, or by the influence of drugs or toxic substances;

8) committing theft in the workplace

Dismissal on the grounds specified in paragraphs 1, 2 and 6 of this Article shall be allowed, if you can not transfer an employee with his consent, to another job.

{Part three of Article 40 is excluded on the basis of Law N 6/95-VR on 19/01/95}

The dismissal on the initiative of the owner or authorized body is not allowed during employee's temporary disability (other than dismissal under paragraph 5 of this article) and for the period while the employee is on vacation. This rule does not apply in case of complete liquidation of the enterprise, institution or organization.
Also, art. 41 LC states that additional reasons for termination may be:
1.A gross violation of duty by the CEO, his/hers deputies, chief accountant etc.
2.Violation of duties of an employee who directly deals with with
money, commodities or cultural valuables if such
actions resulted in the loss of his employer's confidence
3.Immoral actions by a tutor

Workers on probation may be dismissed without the consent of the relevant trade union if they are not suitable for the work for which they were hired (Article 28 LC)
N N
2013 United Arab Emirates Arab States N N Upon dismissal, the employer is not required inform the employees of the reasons for dismissal. Y
Y 1) Ordinary dismissal (with notice)
Art. 117(1) FLLR provides that either party may terminate an employment contract of indefinite duration for a valid reason at any time after the conclusion of the contract provided that the statutory notice requirements are observed.
Art. 122 FLLR provides that a dismissal is considered arbitrary if it is grounded on a reason which is not related to the employee's work.
Note that also redundancy is not referred to in the Law, it has been considered to be a valid reason for termination by the Courts.
2) Summary dismissal (without notice):
- In addition, according to art. 120 FLLR, the employer can dismiss an employee without notice in the following circumstances:
(i) during the employee's probationary period;
(ii) if the employee assumed a false identity or nationality, or otherwise submits false certificates or documents;
(iii) if the employee has caused the employer to suffer a material loss (provided that the employer notified the Ministry within 48 hours of discovering such incident);
(iv) if the employee fails to carry out instructions regarding industrial or workplace safety, provided that such instructions were in writing and posted in an accessible location or, if the employee is illiterate, he or she had been informed of them orally;
(v) if the employee fails to perform his or her basic duties under the employment contract despite knowledge that he or she will be dismissed if such failure continues;
(vi) if the employee reveals a 'secret of the establishment';
(vii) if the employee is found guilty of an offence involving honour, honesty or public morals;
(viii) if the employee is found, during working hours, in a state of drunkenness or under the influence of narcotic drugs;
(ix) if the employee, during working hours, assaults his or her employer, manager or any colleagues; or
(x) if the employee is absent from work, without valid reason, for more than 20 non-consecutive days in one year or more than seven consecutive days.

Note that a FTC can only be terminated for one of the above listed reasons (those listed in art. 120 FLLR). If a FTC contract is terminated for reasons other than those enumerated in art. 120 of the law, the employer is liable to pay compensation which shall not be more that the wages due for 3 months or for the remaining period, whichever is shorter, unless otherwise provided in the contract (art.115 LC).
N N N N N N N
2019 United Kingdom Europe Y
Y Sec. 92 ERA as amended by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012): Upon request, an employee is entitled to a written statement of the reasons for dismissal provided than he has been employed for at least two years [New as of 6 April 2012: previously 1 year].
However employees dismissed during pregnancy, maternity or adoption leave have the right to receive such statement without having to request it and regardless of the length of service.
Y
Y There are six potentially fair reasons for dismissal under section 98 of the ERA:
- the employee's capability or qualifications for performing work of the kind he or she was employed to do;
- the employee's conduct;
- the employee's retirement;
- the employee's redundancy;
- the employee could not continue to work in the position which he or she held without contravention (either on his or her part or that of the employer) of a statutory duty or restriction;
- "some other substantial reason" justifying the dismissal of an employee holding the position that he or she held.
N N N N N N N
2017 United States Americas N N N N N N N N N Y
Y The United States has an "at will" employment system which allows an employer to terminate an employee at any time and for any reason, or for no reason at all.
However, it would be inaccurate to conclude that employers in the United States have complete freedom in the discharge of employees; workers are protected from arbitrary termination of employment, through various ways, as follows:
1) Collective agreements: Where employees are represented by a union, their collective-bargaining agreement nearly always contains a provision that requires 'just cause' for termination. Such provisions are enforceable through the grievance and arbitration process set forth in nearly all collective-bargaining agreements. The scope of such protection is limited by the low rate of union representation (12.3 % of the American workforce unionized as of 2009 in both public and private sectors in 2009, 7.2 % in the private sector - See: http://www.bls.gov/news.release/union2.nr0.htm (last visited June 16, 2010).
2) Statutory protection: Numerous federal laws prohibit discrimination in employment, and those laws operate to prohibit termination of employment based on certain proscribed reasons (see below prohibited grounds)
3) Judicial protection: Another protection against employment at-will comes from case law, in which there are three major exceptions namely a) public policy exception, b) the implied contract exception and c) the implied Covenant of good faith and fair dealing.
a) the most widely accepted exception, recognized by forty-three states, is the public policy exception. The public policy exception under case law is available largely to protect employees from dismissal in those situations where they refuse to commit an illegal or unethical act requested by the employer or where they choose to exercise a statutory right, for example rights under the Occupational Safety and Health Act, 1970, or the Fair Labour Standards Act, 1938 (covering minimum wage and overtime). The recognition and scope of application of this exception varies from state to state.
b) the notion of a breach of an implied contract of employment. An implied contract can come from an oral or written representation, or from an employer's past practice, leading to an employee's legitimate expectation that his or her employment will not be terminated without just cause. This exception is recognized in 38 of the 50 States
c) Basic contractual principles have also given rise to recognition of an implied covenant of good faith and fair dealing in labour and employment law, leading to an assumption that dismissals should be fair and for just cause. This theory holds that a duty of good faith and fair dealing is owed in the performance and enforcement of all contracts. As of 2000, only 11 states recognized the above exception.
(On those exceptions see: Muhl, Charles J., "The employment-at-will doctrine: three major exceptions" in Monthly Labour Review. 2001 Vol. 24, No. 1, pp. 3-11 - Available at: http://www.bls.gov/opub/mlr/2001/01/art1full.pdf)
2019 Uruguay Americas N N Y
Y In Uruguay there is not statutory valid grounds for dismissal, which means that on a general basis, dismissal is allowed without justifying any cause, once there are provisions ensuring the payment of severance indemnity. There is also no statutory provision concerning obligation of a notice prior to dismissal. N N N N N N N
2019 Uzbekistan Europe Y
Y According to the Art. 100 LC the termination of the employment contract concluded for an indefinite period, as well as the termination of a fixed-term contract before its expiration by the employer must be justified. N N Y
Y An employer is entitled to terminate an employment agreement with an employee only on the grounds provided in Article 100 LC, namely:
- Changes in technology, organisation of production and work, or a reduction of the scope of work resulting in a change in the number of staff or a change in the nature of the work, or the liquidation of the Company;
- Inconsistent job performance due to insufficient qualifications or for health reasons;
- Systematic violation by the employee of his or her labour duties;
- A single gross violation by the employee of his or her labour duties;
- Termination of an employment agreement with part time employees when they are replaced with full time employees;
- Termination of an employment agreement with the management of an enterprise in connection with a change in ownership.
Y
Y An employer is entitled to terminate an employment agreement with an employee only on the grounds provided in Article 100 LC, namely:
- Changes in technology, organisation of production and work, or a reduction of the scope of work resulting in a change in the number of staff or a change in the nature of the work, or the liquidation of the Company;
- Inconsistent job performance due to insufficient qualifications or for health reasons;
- Systematic violation by the employee of his or her labour duties;
- A single gross violation by the employee of his or her labour duties;
- Termination of an employment agreement with part time employees when they are replaced with full time employees;
- Termination of an employment agreement with the management of an enterprise in connection with a change in ownership.
Y
Y An employer is entitled to terminate an employment agreement with an employee only on the grounds provided in Article 100 LC, namely:
- Changes in technology, organisation of production and work, or a reduction of the scope of work resulting in a change in the number of staff or a change in the nature of the work, or the liquidation of the Company;
- Inconsistent job performance due to insufficient qualifications or for health reasons;
- Systematic violation by the employee of his or her labour duties;
- A single gross violation by the employee of his or her labour duties;
- Termination of an employment agreement with part time employees when they are replaced with full time employees;
- Termination of an employment agreement with the management of an enterprise in connection with a change in ownership.
N N
2019 Venezuela, Bolivarian Republic of Americas N N N N Y
Y •The OLL establishes a distinction between justified dismissal (despido justificado) and unjustified dismissal (despido injustificado) (art. 77OLL).

According to art. 86 and 87 OLL, any permanent worker who is not a manager and has more than 1 month of service has the right to employment stability: that means that they cannot be dismissed without a just cause. Those who are not covered by employment stability can be dismissed without a cause.

In particular, pursuant to art. 79 OLL, in order to be considered justified, a dismissal shall be based on the following grounds (conduct-based):
- dishonesty or immoral behaviour;
- acts of violence except in legitimate self-defence;
- insult or serious lack of respect towards the employer, his or her representatives or family members living in his or her home;
- deliberate action or gross negligent acts affecting safety or health in the workplace;
- forgetfulness or carelessness seriously affecting safety or health in the workplace;
- unjustified absence from work for three working days within the period of one month, starting to count on the day of the first absence. If the absence is due to the worker’s sickness/disease it will be considered justified. The worker must always notify the employer of the reason of his/her absence;
- material damage to the plant, tools, furniture belonging to the enterprise, raw materials, finished or partly processed products, plantations or other relevant property, whether deliberate or resulting from serious negligence;
- disclosure of secrets of production, construction or process;
- serious breach of the obligations under the contract of employment; or
- abandonment of work (see art. 79 for an extended definition).
- work harassment or sexual harassment.

As a rule, the OLL only allows dismissal based one of the above listed cause in respect of workers covered by the employment stability (= those with at least 1 month service, hired under a permanent contract and who are not managerial employees).
However, under the same law, it is still possible for an employer who persists in dismissing an employee who benefit form such stability, even without having a just cause (unjustified dismissal) to carry out the dismissal provided that he/she pays a compensation for unjustified dismissal and the dismissed worker abandons its right to reinstatement. Such compensation can be paid in the course of the legal proceedings or even at the time of the dismissal. In such cases, the proceedings before the judge will not take place. (art. 92 and 93 OLL). Article 425 OLL provides for the procedure to force the employer to reinstate a worker if he or she so desires.

Economic reasons are not considered to be just cause for termination.
_______________
In Spanish:
Artículo 86. "Todo trabajador o trabajadora tiene derecho a la garantía de permanencia en su trabajo, si no hay causas que justifiquen la terminación de la relación laboral. Cuando un trabajador o trabajadora haya sido despedido sin que haya incurrido en causas que lo justifiquen, podrá solidtar la reincorporación a su puesto de trabajo de conformidad a lo previsto en esta Ley."

Artículo 87. "Estarán amparados y amparadas por la estabilidad prevista en esta Ley:
1. Los trabajadores y trabajadoras a tiempo indeterminado a partir del primer mes de prestación de servicio.
2. Los trabajadores y trabajadoras contratados y contratadas por tiempo determinado, mientras no haya vencido el término del contrato.
3. Los trabajadores y trabajadoras contratados y contratadas para una obra determinada, hasta que haya concluido la totalidad de las tareas a ejecutarse por el trabajador o trabajadora, para las cuales fueron expresamente contratados y contratadas.
Los trabajadores y las trabajadoras de dirección, no estarán amparados por la estabilidad prevista en esta Ley."

Articulo 79. "Seran causas justificadas de despido, los sigUientes hechos del trabajador o trabajadora:
a) Falta de probidad o conducta inmoral en el trabajo.
b) Vías de hecho, salvo en legítima defensa.
e) Injuria o falta grave al respeto y consideración debidos al patrono o a la patrona, a sus representantes o a los miembros de su familia que vivan con él o ella.
d) Hecho intendonal o negligencia grave que afecte a la salud y la seguridad laboral.(...)"
N N N N N
2012 Viet Nam Asia Y
Y Art. 43 LC: The employer shall state in writing the reasons for the termination of the labour contract in the worker's labour book and shall be responsible for returning the labour book to the employee. N N Y
Y Art. 38 LC and art. 12, Decree 2003
Article 38 LC
"1. An employer shall have the right to terminate unilaterally a labour contract in the following circumstances:
(a) The employee repeatedly fails to perform the work in accordance with the terms of the contract;
(b) An employee is disciplined in the form of dismissal in accordance with the provisions of article 85 of this Code;
(c) Where an employee suffers illness and remains unable to work after having received treatment for a period of twelve (12) consecutive months in the case of an indefinite term labour contract, or six consecutive months in the case of a definite term contract with a duration of twelve (12) months to thirty six (36) months, or more than half the duration of the contract in the case of a contract for a specific or seasonal job. Upon the recovery of the employee, the employer shall consider the continuation of the labour contract;
(d) The employer is forced to reduce production and employment after trying all measures to recover from a natural disaster, a fire, or another event of force majeure as stipulated by the Government;
(dd) The enterprise, body, or organization ceases operation."

Art. 12 Decree 2003: "The provision that employers are entitled to unilaterally terminate their labor contracts in cases prescribed at Points a and d, Clause 1, Article 38 of the amended and supplemented Labor Code is stipulated as follows:
1. Laborers constantly fail to fulfill their tasks under labor contracts, meaning that they fail to fulfill the labor norms or assigned tasks due to subjective reasons, and are booked or warned in writing at least twice in a month, but later still fail to redress their shortcomings.
The extent of failure to fulfill the work shall be inscribed in labor contracts, collective labor agreements or labor regulations of the units.
2. Force majeure reasons mean the cases where due to the requests of competent State bodies of the provincial or higher level, to enemy sabotage or epidemics which cannot be overcome, the production and/or business are subject to change or shrink."
Y
Y Art. 38 LC and art. 12, Decree 2003
Article 38 LC
"1. An employer shall have the right to terminate unilaterally a labour contract in the following circumstances:
(a) The employee repeatedly fails to perform the work in accordance with the terms of the contract;
(b) An employee is disciplined in the form of dismissal in accordance with the provisions of article 85 of this Code;
(c) Where an employee suffers illness and remains unable to work after having received treatment for a period of twelve (12) consecutive months in the case of an indefinite term labour contract, or six consecutive months in the case of a definite term contract with a duration of twelve (12) months to thirty six (36) months, or more than half the duration of the contract in the case of a contract for a specific or seasonal job. Upon the recovery of the employee, the employer shall consider the continuation of the labour contract;
(d) The employer is forced to reduce production and employment after trying all measures to recover from a natural disaster, a fire, or another event of force majeure as stipulated by the Government;
(dd) The enterprise, body, or organization ceases operation."

Art. 12 Decree 2003: "The provision that employers are entitled to unilaterally terminate their labor contracts in cases prescribed at Points a and d, Clause 1, Article 38 of the amended and supplemented Labor Code is stipulated as follows:
1. Laborers constantly fail to fulfill their tasks under labor contracts, meaning that they fail to fulfill the labor norms or assigned tasks due to subjective reasons, and are booked or warned in writing at least twice in a month, but later still fail to redress their shortcomings.
The extent of failure to fulfill the work shall be inscribed in labor contracts, collective labor agreements or labor regulations of the units.
2. Force majeure reasons mean the cases where due to the requests of competent State bodies of the provincial or higher level, to enemy sabotage or epidemics which cannot be overcome, the production and/or business are subject to change or shrink."
Y
Y Art. 38 LC and art. 12, Decree 2003
Article 38 LC
"1. An employer shall have the right to terminate unilaterally a labour contract in the following circumstances:
(a) The employee repeatedly fails to perform the work in accordance with the terms of the contract;
(b) An employee is disciplined in the form of dismissal in accordance with the provisions of article 85 of this Code;
(c) Where an employee suffers illness and remains unable to work after having received treatment for a period of twelve (12) consecutive months in the case of an indefinite term labour contract, or six consecutive months in the case of a definite term contract with a duration of twelve (12) months to thirty six (36) months, or more than half the duration of the contract in the case of a contract for a specific or seasonal job. Upon the recovery of the employee, the employer shall consider the continuation of the labour contract;
(d) The employer is forced to reduce production and employment after trying all measures to recover from a natural disaster, a fire, or another event of force majeure as stipulated by the Government;
(dd) The enterprise, body, or organization ceases operation."

Art. 12 Decree 2003: "The provision that employers are entitled to unilaterally terminate their labor contracts in cases prescribed at Points a and d, Clause 1, Article 38 of the amended and supplemented Labor Code is stipulated as follows:
1. Laborers constantly fail to fulfill their tasks under labor contracts, meaning that they fail to fulfill the labor norms or assigned tasks due to subjective reasons, and are booked or warned in writing at least twice in a month, but later still fail to redress their shortcomings.
The extent of failure to fulfill the work shall be inscribed in labor contracts, collective labor agreements or labor regulations of the units.
2. Force majeure reasons mean the cases where due to the requests of competent State bodies of the provincial or higher level, to enemy sabotage or epidemics which cannot be overcome, the production and/or business are subject to change or shrink."
N N
2013 Yemen Arab States N N No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).
N N Y
Y - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
"(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
(b) if work permanently ceases, either entirely or in part;
(c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
(d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
(e) if the worker reaches statutory retirement age;
(f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

- In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
- Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".

Y
Y - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
"(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
(b) if work permanently ceases, either entirely or in part;
(c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
(d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
(e) if the worker reaches statutory retirement age;
(f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

- In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
- Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".

Y
Y - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
"(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
(b) if work permanently ceases, either entirely or in part;
(c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
(d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
(e) if the worker reaches statutory retirement age;
(f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

- In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
- Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".

N N
2019 Zambia Africa Y
Y Employment (Amendment) Act of 2015 inserts in section 36(1)(c) on termination of employment the obligation to provide reasons to the employee. The section reads now: A written contract of service shall be terminated (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise except that where the termination is at the initiative of the employer, the employer shall give reasons to the employee for the termination of that employee’s employment”. N N Y
Y - Termination of written contracts is regulated by sec. 36 EA, amended in 2015, which reads as follows: "(1) A written contract of service shall be terminated
(a) by the expiry of the term for which it is expressed to be made; or
(b) by the death of the employee before such expiry; or
(c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
(2) Where owing to sickness or accident an employee is unable to fulfil a written contract of service, the contract may be.
[…] ” terminated on the report of a registered medical practitioner."
(3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking
Y
Y - Termination of written contracts is regulated by sec. 36 EA, amended in 2015, which reads as follows: "(1) A written contract of service shall be terminated
(a) by the expiry of the term for which it is expressed to be made; or
(b) by the death of the employee before such expiry; or
(c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
(2) Where owing to sickness or accident an employee is unable to fulfil a written contract of service, the contract may be.
[…] ” terminated on the report of a registered medical practitioner."
(3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking
Y
Y - Termination of written contracts is regulated by sec. 36 EA, amended in 2015, which reads as follows: "(1) A written contract of service shall be terminated
(a) by the expiry of the term for which it is expressed to be made; or
(b) by the death of the employee before such expiry; or
(c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
(2) Where owing to sickness or accident an employee is unable to fulfil a written contract of service, the contract may be.
[…] ” terminated on the report of a registered medical practitioner."
(3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking
N N

Prohibited grounds for dismissal

Year(s) Country Country Remark Region age adoption leave birth colour conviction or failure to disclose a conviction ethnic origin exercise of a right exercise of the right to educational leave workers with family responsibilities filing a complaint against the employer disability financial status fulfilling state duties genetic information gender identity HIV status lawfully taking leave language marital status maternity leave nationality/national origin pregnancy political opinion workers performing military/alternative service parental leave participation in a lawful strike property place of residence performing jury service race religion raising occupational health and security concerns sex social origin sexual orientation solely frustrate the formation of claims arising out of the employment relationship state of health temporary work injury or illness trade union membership and activities whistle blowing
2019 Afghanistan Afghanistan - No prohibited ground for dismissals listed in the LC.
- Similarly, the LC does not contain any list of prohibited grounds for discrimination. Art. 9 LC prohibits any discrimination in recruiting a person, paying the salaries and the allowances to the staff, making a profession, the right to education and providing the social protection.
- Art. 125 LC prohibits the refusal to employ a women or wages reduction on the grounds of pregnancy or nursing their children but is silent as to dismissal on the same grounds.
- Art. 147(3) LC provides for the right of employees to participate in trade unions but is silent as to discrimination on the grounds of trade union activities.
Asia Y
2019 Algeria Algeria - Art. 53 of the Act No. 90-14 of 2 June 1990 on the exercise of the right to organise prohibits the dismissal (and any other disciplinary measures) of a trade union officer on the grounds of his/her trade union activities.
- The LRA does not contain any provision forbidding the dismissal of a worker on certain discriminatory grounds.
However, art 17 of the LRA prohibits any provision in an agreement, collective agreement or employment contract which gives rise to discrimination in employment, remuneration or working conditions on grounds of age, sex, social or marital situation, family relations, political convictions and membership or non-membership of a trade union.
______________
- L'article 53 de la Loi No. 90-14 relative aux modalités d'exercice du droit syndical dispose qu'"aucun délégué syndical ne peut faire l’objet, de la part de son employeur, d’un licenciement, d’une mutation ou d’une sanction disciplinaire, de quelque nature que ce soit, du fait de ses activités syndicales."
- La LRA ne contient pas de disposition interdisant le licenciement d'un travailleur sur la base de motifs spécifiques. Voir toutefois l'article 17 LRA mentionné ci-dessus.
Africa Y
2019 Angola Angola Art. 208(2) GLA provides for the nullity of any dismissal which is based on the following grounds:
- political, ideological and religious views;
- trade-union affiliation (and non-affiliation);
- any other discriminatory grounds listed in arts. 4(1) and 19(2)b) GLA. Those include: race, colour, sex, ethnic origin, marital status, social condition, political or religious views, trade union membership, language, age, citizenship, family members at the workplace, careers, wages, duration and other conditions of work.
- In addition, the law provides for a prohibition to dismiss a woman covered by the maternity protection (that is during the entire pregnancy and up to one year after delivery) unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship (art. 246(1)d GLA).
- Lastly, in art. 59 GLA there is a presumption of unfair dismissal (rebuttable by the employer), when a dismissal takes place within 6 months:
* after an employee's complaint regarding his/her working conditions or a violation of his/her rights,
* after the refusal to follow illegal orders,
* after the worker has exercised or intended to exercise any other rights conferred by statute.
The dismissal of a worker, who has held or sought to hold office as a trade union representative or an employees' representative, is also presumed to be unfair when it takes place within 2 years after the completion of his/her term or after the selection process (art. 59(2) GLA).
Africa Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
2019 Argentina Argentina See: Art. 17 LCL: general prohibition of discrimination in employment; art. 178 (dismissal on the grounds of pregnancy); art: 181-182 (dismissal on the grounds of marriage).
Americas Y
Y
Y
Y
Y
Y
Y
Y
Y
2019 Australia Australia Regarding the above list of prohibited grounds:
- "Family responsibilities" should be understood as covering "Family or carer's responsibilities";
- "Temporary work injury or illness" should be understood as covering "Temporary absence from work due to work injury or illness";
- "Social origin" should be understood as covering "National extraction or social origin"; and
- "Disabilities" should be understood as covering "Physical or mental disabilities".

Part 3-1 of the FWA contains a set of general protections against discriminatory or wrongful treatment which includes but is not limited to protection against dismissal on certain grounds. See in particular:
- s340 FWA that prohibits adverse action (which includes dismissal) against another person in relation to the exercise of workplace rights (as defined in s341 FWA);
- s346 FWA that prohibits adverse action (which includes dismissal) against another person in relation to industrial activities;
- s351 FWA on discrimination;
- s352 FWA on prohibition of dismissal on the grounds of temporary absence from work because of illness or injury.
Employees who believe to have been dismissed in contravention with the "general protections provisions" of the Act, can apply to Fair Work Commission to deal with the dismissal.

The Act also contains a special provision on unlawful termination: s772 FWA makes it unlawful for an employer to terminate an employee's employment for certain reasons. However, employees are barred by s723 from lodging a complaint of unlawful termination if they are entitled to make a general protections court application in relation to the conduct. Therefore, unlawful termination applications are only available to workers employed by Western Australian corporations whose main activity is not trading or financial or Western Australian sole traders, partnerships, or other unincorporated entities.
Asia Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
2019 Austria Austria Under the Federal Equal Treatment Act, are prohibited in connection with dismissals, discrimination on the grounds of sex (including marital and family status), ethnicity, religion, age and sexual orientation (sec. 3 (7) and 17 (1) 7)).
On pregnancy and maternity leave, see: Maternity Protection Act, sec. 10.
In addition, sec. 105 (3) 1) WCA provides a list of inadmissible reasons for dismissals: trade union activities (and assimilated: works council members, health and safety representatives..), absence as a consequence of military or civil service, filing a complaint against the employer (well-founded claims in respect of entitlement or benefits arising out of the employment contract).
When contested before the Court, the judge will assess the existence of prohibited grounds for dismissal or whether it consititutes an unfair dismissal (verpönte Kündigungsmotive or sozialwidrige Kündigungsmotive).

Europe Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
2019 Azerbaijan Azerbaijan Art 79(1) LC: Pregnant women, single parent, people raising children under the age of 3, workers who temporarily lost an ability to work, workers with diabetes or scattered sclerosis, members of a trade union or political party, workers with limited health capabilities under the age of 18 or with a severe disability, during negotiations of collective bargaining.

Prohibited ground for a dismissal on the basis of race, sex, religion, together with other grounds are listed in Art. 16(1) LC on “Non-discrimination in labour relations”.ns”.
Europe Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
2019 Bangladesh Bangladesh No general list of prohibited grounds for discrimination of or dismissal in the LA.
However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).
Asia Y
2019 Belgium Belgium Three national laws constitute the legal framework for the fight against discrimination in the area of employment and occupation, including termination:

- Loi générale du 10 mai 2007 tendant à lutter contre certaines formes de discrimination ;
- Loi du 10 mai 2007 tendant à lutter contre les discriminations entre les hommes et les femmes;
- Loi du 30 juillet 1981 tendant à réprimer certains actes inspirés par le racisme et la xénophobie.

Article 3 of the General Law of 10 May 2007 reads as follows:
"La présente loi a pour objectif de créer, dans les matières visées à l'article 5, un cadre général pour lutter contre la discrimination fondé sur l'âge, l'orientation sexuelle, l'état civil, la naissance, la fortune, la conviction religieuse ou philosophique, la conviction politique, la conviction syndicale, la langue, l'état de santé actuel ou futur, un handicap, une caractéristique physique ou génétique ou l'origine sociale."
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2019 Bolivia Bolivia After the adoption of Supreme Decree No. 28699, of 1st May 2006, any dismissal that is based on grounds that are not included in the list established by Article 16 LC is to be considered against labour stability, which means that the worker affected can request the Labour Authority to order reinstatement. Therefore, only the grounds based on worker’s conduct are not prohibited (Art. 10, Supreme Decree No. 28699).

According to Art. 14 of the Bolivian Constitution, regarding trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944). Worker in state of pregnancy or in maternity leave are also protected from dismissals, according to Article 61 of the Labour Code and Supreme Decree No. 12 of 19 February 2009. Likewise, protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004.
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2019 Brazil Brazil - Pregnant employees enjoy job stability and cannot be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement (this covers the duration of maternity leave which is 120 days) (art. 10(IIa) Constitution, Transitional Provisions). See also Act 9799 of 1999, which prohibits any form of discrimination against women in employment (including on the grounds of pregnancy).

- Act No. 9029 of 13 April 1995 prohibits discrimination practices on the basis of sex, origin, race, color, marital status, family situation, disability, professional rehabilitation, age, among others, except in this case, the hypotheses of protection to children and adolescents provided for in item XXXIII of Art. 7th of the Federal Constitution.

- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).

-The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in a trade union and for one year thereafter (art. 8(VIII) Constitution).

- Dismissal of workers involved in a strike is prohibited expect in the event of an abuse of the right to strike (Act 7783 of 1989, art. 7).
Americas Y
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2019 Bulgaria Bulgaria See Art. 8 (3) LC
See also art. 4 (1) together with art. 21 (on termination of employment) of the Protection from Discrimination Act, 2003.
In addition, "differences in the contract term and duration of working time" are listed as prohibited grounds of discrimination.
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2019 Burkina Faso Burkina Faso Art. 4 and 71 LC.
See also 286 LC on trade union representatives and 147 LC on women on maternity leave.
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2019 Cameroon Cameroon The LC does not contain any general provision on non-discrimination.
Art. 39 LC: Dismissal based on the opinions of the workers or his affiliation to a trade union are prohibited.
Art. 84 LC: Pregnant women and women on maternity leave.
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2019 Canada (Federal only) Canada (Federal only) Sec. 94 (3) CLC:
"Prohibitions relating to employers:
No employer or person acting on behalf of an employer shall
(a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person
(i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of a trade union or participates in the promotion, formation or administration of a trade union,
(ii) has been expelled or suspended from membership in a trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union,
(iii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part,
(iv) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part,
(v) has made an application or filed a complaint under this Part, or
(vi) has participated in a strike that is not prohibited by this Part or exercised any right under this Part; (...)"

In addition, under the CLC, the following situations constitute invalid grounds for the dismissal of an employee:
- the employee has participated in proceeding or inquiry (filing a complaint, testifying) regarding occupational and health and safety matters. (sec. 147 CLC)
- the employee is pregnant or has requested maternity or parental leave (sec. 209.3 CLC);
- garnishment proceedings may be or have been taken against the employee (sec. 238, CLC);
- the employee has been absent due to illness or injury(sec. 239 CLC);
- the employee is absent from work due to work-related illness or injury (sec. 239.1(1) CLC).

In addition, see the general prohibition of discrimination including in employment matters contained in the Canadian Human Rights Act, R.S.C. 1985, c. H-6: see sec. 3 on grounds of discrimination together with art. 7 on discriminatory practice in employment that prohibits an employer from refusing to employ or continuing to employ an individual on a prohibited grounds of discrimination.
See also sec. 14.1 on prohibition of retaliation for filing a complaint of discrimination.
(The prohibited grounds of discrimination are the following: race, national or ethnic origin, colour, religion, age, sex (which includes pregnancy or child-birth), sexual orientation, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered

Note that this Act only applies within the realm of federal jurisdiction; each provincial and territorial government has enacted its own anti-discrimination legislation.

New in 2017: Genetic Non-Discrimination Act (S.C. 2017, c. 3)
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2019 Central African Republic Central African Republic - No worker can be punished or be otherwise prejudiced in his/her career on the grounds his or her opinions as to politics, political, trade-unions or religion (Art. 9 LC).
In addition constitute an unfair dismissal ("licenciement abusif"), any dismissal based on the employee's opinion, trade union activities and trade union membership or non-membership (Art. 152 LC).
- It is not permitted to dismiss an employee on maternity leave (Art. 253 LC)
- Any discrimination in employment on the basis of physical or mental disability is prohibited (Art. 266 LC).
- Any dismissal based on the HIV/AIDS status of the employee is null and gives right to compensation (Art. 315 LC)
- Dismissal based on the worker's participation in a lawful strike is void (Art. 378 LC).
- On filing a complaint or participation in proceedings against the employer, see Art. 152 LC
- Note that according to Art. 10 LC "the law ensures equal opportunities for everyone in employment without discrimination of any kind".

In addition the LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease;
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.;
- absence during maternity leave;
- absence due to police custody or pre-trial detention;
- the worker is absent because he or she is exercising a political mandate (Art. 133 LC).

According to Art. 152 LC pertaining to "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
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2019 Chile Chile - Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave

- Article 194 LC establishes that the employer cannot terminate the employment of the worker because of pregnancy.

- Article 2 also establishes that the financial status or debts by the employee cannot be taken into account by the employer as a condition to hire a worker.

-The dismissal based on trade union membership or activities will be consider null and void (article 294 ).

- Art. 161bis LC provides that total or partial invalidity cannot be a just cause for termination of employment.

- Some union members, pregnant women and women returning from maternity leave enjoy protection against termination of employment under the "fuero laboral" in some circumstances (see special protection). This means that their dismissal must be authorized by a judge and can only take place on the grounds on conduct (see art. 174, 201, 243, LC)

- Race, color, sex, age, marital status, trade union membership, religion, politic beliefs, nationality and social origins, language, sexual orientation, gender identity, physical appearance, illness, disability are prohibited grounds of discrimination in employment (art. 2 LC: general provision on non-discrimination in employment).
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2019 Colombia Colombia Article 354 of Labour Code also provides protection for employees against dismissals due to participation in trade union or workers´organizations activities, besides the guarantees provided by articles 405 and 406 concerning members of trade unions.

Persons with disabilities cannot be dismissed, according to article 26 of Law 361/1997.

Moreover, article 10 of Labour code provides equality of male and female workers. All workers are equal before the law, have the same protection and guarantees, consequently, any type of distinction is abolished due to the intellectual or material nature of the work, its form or remuneration, gender or sex, except for the exceptions. established by law.

Article 53 of the Constitution of Colombia forbides discrimination due to race, sex, religion, politicial opinion, nationality or trade union activities. Based on that, the Labour Code, article 143, also provides special protection particularly concerning equal payment of wages.

In 2006, it was enacted the Law No 1010/2006 that establishes rules to prevent, correct and punish workplace harassment (article 2, paragraph 4), in special regarding reasons of race, gender, family or national origin, religious creed, political preference or social situation or that lacks all reasonableness from the labour point of view. Article 11 of the same law provides protection against dismissals in order to avoid acts of retaliation against those workers who have made petitions, complaints and reports of workplace harassment or who serve as witnesses in such proceedings.
Americas Y
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2019 Comoros Comoros Article 2 of the Labour Code: general prohibition of discrimination on the grounds of race, colour, sex, religion, political opinion, national or social origin including with respect to disciplinary measures and dismissal.

Article 44 of the Labour Code (former art. 46) provides a list of reasons which cannot consitute valid reasons for termination:
- trade-union membership or non-membership and trade-union activities;
- race, colour, sex, marital status, family responsibilities, pregnancy, religion or belief, political or philosophical opinion, nationality or social origin;
- seeking office as, or acting or having acted in the capacity of, a workers' representative;
- the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws;
- absence from work during maternity leave or temporary absence from work because of illness or injury;
New in June 2012: Additional grounds have been introduced:
- HIV status, whether real or perceived;
- having reported or testified about sexual or psychological harassment (workplace bullying) by an employer or his representative.
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2019 Congo, Democratic Republic Congo, Democratic Republic See Art. 62 LC on invalid grounds for dismissal.
See also Art. 1 LC: general provision on non-discrimination and Art. 234 LC on trade union activities.

On HIV status, see Act no 08/011, 14 July 2008 on the protection of persons living with HIV/AIDS and affected persons (Loi n° 08/011 du 14 juillet 2008 portant protection des droits des personnes vivant avec le VIH/SIDA et des personnes affectées available at: http://www.leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm) : HIV/AIDS status cannot be a cause for terminating an employment contract (Art. 21).
The 2016 Law No. 16/010 amending the Labour Code explicitly includes HIV/AIDS status in the list of prohibited grounds for termination (Art. 62 LC).
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2019 Costa Rica Costa Rica Article 94 of Labour Code provides that is forbidden to dismiss pregnant workers or workers who are breastfeeding, as well as indicate that in case os unlawful dismissal the worker can request reinstatement before the courts. Article 367 of Labour Code provides stability to trade union members and workers representatives.
Moreover, persons reporting sexual harassment are protected by the Law against Sexual Harassment in Employment and Teaching.

Preliminarily, the principle of non-discrimination was regulated by Law No. 2694 of November 22, 1960, which establishes that all types of discrimination in employment are prohibited, which refers to race, sex, age, religion, color, marital status , political opinion, national ancestry, social origin, affiliation or economic situation. In addition, the art. 33 of the Political Constitution generally establishes the principle of equality and the principle of non-discrimination. Particularly, article 57 regulates equal pay and article 68 prohibits discrimination at work.
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2019 Côte d'Ivoire Côte d'Ivoire Art. 4 LC
Art. 23.4 LC: maternity protection
___________
L'article 23.4 du Code du travail dispose qu' "aucun employeur ne peut résilier le contrat de travail d'une salariée lorsqu'elle est en état de grossesse médicalement constaté et pendant l'intégralité des périodes de suspension du contrat de travail auxquelles elle a droit, qu'elle use ou non de ce droit".
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2019 Cuba Cuba According to article 50, the employer, in the case of contracts for indefinite time, cannot notify the worker of the decision to terminate the contract, for the reasons indicated in paragraphs a), b) and c) of article 49, in the following cases: a) during the enjoyment of the worker or, as the case may be, the worker, the periods of maternity leave, paid or not, and the social benefit; b) during the period of temporary disability of the worker due to illness or accident of common origin or work; c) during the execution of military mobilizations; d) during the enjoyment of annual paid vacations; e) during the periods of suspension of the legally established employment relationship; and f) other situations expressly authorized by law.

Also article 63 also provides during pregnancy and after childbirth, the worker has the right to enjoy paid leave in the form and amount established with respect to the worker's maternity for the general regime or special social security, as appropriate

Concerning trade union activities, article 16 of Labour Code provides that the leaders of the union organizations have the necessary guarantees for the exercise of their management and consequently, the employers cannot transfer them, impose disciplinary measures, affect them in their working conditions, or end their employment relationship due to the performance of their union functions, when these are carried out in accordance with the law.

Article 2 (b) of Labour Code also provides that every citizen in conditions to work, without distinction of race, color, sex, religion, political opinion or national or social origin, has the opportunity to obtain a job with which the citizen can contribute to the ends of society and to the satisfaction worker´s needs. However, there is no specific provision dealing dismissals due to discrimination.

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2019 Cyprus Cyprus Sec. 6 TEA
See also, European Commission Study, TER, 2007, p.56.
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2019 Czechia Czechia Sec. 16(2) LC sets out general prohibition of any form of discrimination in labour relations. The terms, such as direct discrimination, indirect discrimination, harassment, sexual harassment, persecution, an instruction to discriminate and/or incitement to discrimination, and the instances in which different treatment is permissible, are regulated in the Anti-Discrimination Act (2008).

Equality and non-discrimination in exercising the right to employment is also guaranteed under the Act on Employment (2004, as amended 2011). Sec. 4 provides for equal treatment of all natural persons exercising their right to employment, and prohibits any form of discrimination of persons exercising their right to employment.

The Anti Discrimination Act defines direct discrimination as an “act, including omission, where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions. (Sec. 2 para 3).

Discrimination on grounds of pregnancy, maternity and paternity and on grounds of sexual identification shall also be considered to be discrimination on grounds of sex. (Sec. 2 para 4)

Harassment, sexual harassment, victimization, instruction to discriminate and inciting discrimination shall also be considered to be discrimination. (Sec. 2 para 2)
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2019 Ecuador Ecuador Article 187 of Labour Code provides that the employer cannot unfairly dismiss the worker who is a member of the board of the workers' organization. If it did, it will compensate the worker with an amount equivalent to the remuneration of one year, without prejudice to continuing to belong to the board until the end of the period for which the worker was elected.
This guarantee will be extended during the time that the leader exercises the functions and one more year and will protect, equally, the leaders of organizations made up of workers from the same company, as well as those of workers made up of different companies, provided that in the latter case the employer is notified, through the labor inspector, of the election of the manager, who works under the worker´s dependency.
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2019 El Salvador El Salvador - The general provision on non-discrimination in employment (art. 30(12) LC) stipulates that employers are not permitted "to establish any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin, except in cases provided for by the law aimed at protecting the person of the work".
- Art. 30(15) LC (inserted by DL N°611 of 2005) prohibits discrimination on the basis of the HIV/AIDS status.
In addition, the Act on the prevention and control of human immuno-deficiency virus infection (HIV/AIDS) (Legislative Decree No. 588 of 24 October 2001) guarantees the right of "any person living with HIV/AIDS" to obtain employment that does not involve risky contact, and not to be dismissed or forced to accept inferior pay, benefits or conditions on the grounds of his or her illness (art. 5.a).
- On pregnancy and maternity leave, see art. 113 LC: An employer cannot dismiss a pregnant women by way of de facto dismissal or dismissal following a court's decision during the entire period of pregnancy and until the end of the maternity leave unless the alleged cause for dismissal relates to facts which took place prior to the beginning of pregnancy. Even in such case, the dismissal will only be effective immediately after the end of the maternity leave.
- Persons with disabilities are entitled to protection against all discrimination (art. 2.1 of Decree No. 888 of 2 May 2000, on equal opportunities for persons with disabilities), and in particular, "to obtain employment and carry on a paid occupation and to be protected from dismissal on grounds of his or her disability" (art. 2.5).
- On trade union activities, see art. 205(c) LC which prohibits discrimination between workers and retaliatory action based on trade union activities.
- It is forbidden to dismiss a worker who has been diagnosed, or certified through official institutions of the health sector, to be suffering from chronic disabling diseases that require frequent medical checks and rehabilitation or who needs specialized medical and technical care prior to the validation of the treating doctor. (art.30 (17)LC)
- It is also forbidden to use as a cause of justified dismissal, the credit record of the worker, except by judicial commandment or exceptions established in the law. (art. 30 (16) LC)


Note that, as expressed in the previous category, El Salvador has a limited list of valid ground for dismissal. That means that although many grounds are not expressly observed as prohibited in the legal text, they are still prohibited by exclusion to art. 55 LC.
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2019 Finland Finland See:
* Sec. 2, chap. 2, ECA and sec. 8 of the Non-discrimination Act (1325/2014):Prohibition of discrimination.
* Sec. 2, chap. 7, ECA: Termination grounds related to the employee's person provides a list of invalid grounds.
* Sec. 9, chap. 7, ECA : Termination in the case of an employee who is pregnant or on family leave.
Sec. 4, chap. 1 ECA: Discriminatory termination during the probation period.
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2019 France France Art. L 1132-1 LC: list of prohibited grounds of discrimination.
[New in 2019: holding a local elective office. See Act No. 2019-1461 of 27 December 2019.]
Art. L 1132-2 LC: lawful exercise of the right to strike.
Art. L1132-3 LC: having testified to the actions prohibited under art. L 1132-1 and L1132.2 LC or having reported them.
Art. L1132-3-1 LC: performing jury service
Art. L 1132-3-2: refusing, because of one’s sexual orientation, a job transfer to a country that criminalizes homosexuality.
Art. L 1132-3-3: having reported or testified, in good faith, to facts constituting a misdemeanour or a crime of which the employee would have become aware in the performance of his or her duties. Whistleblowing relating to acts of corruption is also included since 2016.

Art. L 1132-4: any dismissal based on one of these grounds is invalid.
Art. L 1225-4 LC: dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave). Dismissal is also prohibited during any period of annual leave following the maternity leave, as well as during the 10-week period following the maternity or annual leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy or confinement. In such a case, the termination of employment cannot be notified nor take effect during the above-mentioned periods. Further, a new art. 1225-4-1 was adopted to protect all employees during the first 10 weeks following the birth of their child. The same protection against dismissal applies to parents during the adoption leave (see art. 1225-38 LC)
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2019 Gabon Gabon Art. 8 LC on non-discrimination.
Art. 74 LC on unfair dismissals.
Art. 170 LC on pregnant women.
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2019 Georgia Georgia Following May 2019 amendments, Article 2(3) LC provides for an open-ended list of prohibited grounds. It provides that “any and all discrimination in a labour and/or pre-contractual relations, including during publication of the vacancy announcement and selection process, due to race, skin colour, language, ethnic or social belonging, nationality, origin, material status or title, place of residence, age, sex, sexual orientation, marital status, handicap, religious, social, political or other affiliation, including affiliation to trade unions, political or other opinions or on any other grounds shall be prohibited.” Europe Y
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2019 Greece Greece * Specific prohibitions of dismissal:
- The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).

- Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Under Law No. 1264/1982, certain union committee members are protected against dismissal, and the number of protected members depends on the size of the workplace. Protected individuals can only be dismissed for a narrow range of circumstances including disclosing confidential information or threatening / violent / abusive behaviour. As a general rule, dismissal based on trade union activities and membership is prohibited.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)

- The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
* Anti-discrimination provisions:

-The Act No. 4443/2016 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits in its Art. 1 any discrimination on the the grounds of racial or ethnic origin, color, religious or other beliefs, disability, age or sexual orientation, gender identity, sex and family or social status in the field of employment. This includes a prohibition on discriminatory dismissals based on any of these grounds, see Art. 3(1)(c) of the act.
Europe Y
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2019 Guatemala Guatemala Art. 14 bis: prohibits discrimination of workers based on race, religion, political creeds and economic situation, in social welfare, education, culture, entertainment or commerce establishments that work for the use or benefit of workers, in companies or work places of private owned, or in establishments that the State creates for workers in general. Americas Y
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2019 Honduras Honduras Article 12 of the LC prohibits discrimination based on race, religion, political opinion and economic status, but only with regards to any social welfare, educational, cultural, recreational or commercial establishment operated for the use or benefit of the community in any undertaking or workplace, whether under private or state ownership.
Article 60 of the Constitution "declares punishable any discrimination based on sex, race, class and any other impinging on human dignity", adding that "the offences and the penalties for those in breach of this rule shall be established by law".

Under section 25 of the Labour Code, every individual contract of employment shall be deemed to include at least the guarantees and rights conferred on workers by, inter alia, the Constitution and the Labour Code.
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2019 Hungary Hungary Sec. 8 ETA provides that "All dispositions as a result of which a person or a group is treated or would be treated less favourably than another person or group in a comparable situation because of his/her
a) sex,
b) racial origin,
c) colour,
d) nationality,
e) origin of national or ethnic minority,
f) mother tongue,
g) disability,
h) state of health,
i) religious or ideological conviction,
j) political or other opinion,
k) family status,
l) motherhood (pregnancy) or fatherhood,
m) sexual orientation,
n) sexual identity,
o) age,
p) social origin,
q) financial status,
r) part-time nature or definite term of the employment relationship or other relationship aimed at work,
s) membership in an organisation representing employees’ interests,
t) any other status, characteristic feature or attribute
are considered direct discrimination."

Sec. 21 EA provides that "It is considered a violation of the principle of equal treatment in particular if the employer inflicts direct or indirect negative discrimination upon an employee, especially when the following dispositions are defined or applied: (...) c) in establishing and terminating the employment relationship or other relationship related to work;(...).

- In addition, pregnancy, parental leave; a leave of absence taken without pay for caring for a child (Sections 66(3), 128 and 130 LC).

-Sec. 271(2) LC provides that no employee shall be dismissed on a ground of being a member of any trade union.
Europe Y
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2019 India India The IDA (Fifth Schedule) on Unfair Labour Practices - these include prohibition of dismissal based on: trade union activity or membership and taking part in a strike which is not deemed to be illegal according to the IDA.
Further, the Fifth Schedule of the IDA states that the Unfair Labour Practice shall be the following:
"5. To discharge or dismiss workmen:
(a) by way of victimisation;
(b) not in good faith, but in the colourable exercise of the employer's rights;
(c) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence;
(d) for patently false reasons;
(e) on untrue or trumped up allegations of absence without leave;
(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;
(g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate punishment."

Sec. 12 of the Maternity Benefit Act: Dismissal during absence or pregnancy

Art. 16.2 of the Constitution of India on Equality of opportunity in matters of public employment, states that: "No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State". NOTE: This applies only in relation to public employment.
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2019 Indonesia Indonesia Art. 153 MA
On whistleblowing see also: Law No. 13 of 2006 concerning protection of witness and victim
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2019 Italy Italy Article 15 and Article 18 of Law No. 300 of 1970
Article 35 of Legislative Decree No. 198 of 2006
Article 54 of Legislative Decree No. 151 of 2001
Article 1345 of the Civil Code: prohibits retaliatory dismissals and whistleblowing has traditionally been considered as a type of retaliation.
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2019 Japan Japan Sec. 14 of the Japanese Constitution prohibits discrimination in political, economic or social relations on the grounds of race, creed, sex, social status or family origin.

More specifically, sec. 3 of LSA prohibits discriminatory treatment with respect to wages, working hours or other working conditions on the grounds of the nationality, creed or social status of any worker. Although political opinions is not listed as a prohibited ground in sec. 3 of LSA, it has been held that the term "creed" includes both political and religious beliefs(1). "Nationality" is also generally interpreted to include the concept of race(2).
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((1) see Tadashi A. Hanami, Fumito Komiya, Yamakawa, R: 'Japan', in R. Blanpain (ed.): International encyclopaedia for labour law and industrial relations (The Hague, Kluwer Law International, 2015), § 252, p. 147).
(2) Ibid,, citing the Hitachi Seisakujo case, The Yokohama District Court, 1974, HJ, No. 744, p. 29.
*******

Section 19(1) of LSA: Employers shall not dismiss a worker
during a period of absence from work for medical treatment with respect to injuries or illnesses suffered in the course of employment, nor within 30 days thereafter, and shall not dismiss any woman during the period of absence from work before and after childbirth in accordance with section 65 nor 30 days thereafter. If an employee is dismissed during the above-mentioned periods, such dismissal will be void. However, this shall not apply in the event that the employer pays compensation for discontinuance in accordance with section 81, nor when the continuance of the business has become impossible due to natural disaster or other unavoidable reasons, subject to approval of the relevant government agency (section 19(2)).

Section 104 of LSA: In the event that a violation of this Act or of an ordinance issued pursuant to this Act exists at a workplace, a worker may report such fact to the relevant government agency or to a labour standards inspector. Employers shall not dismiss a worker or shall not give a worker other disadvantageous treatment by reason of such worker having made a report set forth in the preceding paragraph.

Section 6 of Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (EEOA), as amended in 2019, provides that employers shall not discriminate against workers on the basis of sex, with regard to dismissal and renewal of the labour contract See also secs 9(2)(3)(4) for prohibition of dismissal on the grounds of marriage, by reason of pregnancy, childbirth or for requesting absence from work, having taken absence from work of the same act, or by other reasons relating to pregnancy and childbirth. Sec 9(4) also provides that dismissal of women workers who are pregnant or in the first year after childbirth shall be void. However, this shall not apply in the event that the employers prove that dismissals are not by reasons prescribed in the preceding paragraph.

Section 7 of the Trade Unions Act (1949, as amended in 2018) prohibits dismissal based on trade union activities and membership. The employer shall not commit the acts of unfair labour practice, including discharging a worker by reason of such worker's being a member of a labour union, having tried to join or organize a labour union, or having performed justifiable acts of a labour union; or making it a condition of employment that the worker shall not join or shall withdraw from a labour union.

Section 35 of the Act on Promoting Employment of Persons with Disabilities of 1960, as amended in 2013, prohibits unfair discriminatory treatment of disabled persons with respect to determination of wages, training and the use of welfare facilities, and other matters. Under the guidelines established based on this Act, the following dismissals are prohibited: a) dismissing workers with disabilities by reasons of disabilities; b) putting unfavourable conditions only on persons with disabilities when setting conditions for dismissals; and c) prioritizing those with disabilities among employees who meet the conditions for dismissals.

Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children to Other Family Members prohibits dismissal of a worker making an application for, and being on childcare leave, caregiver leave (sec. 10), time off for sick/injured childcare or caregivers (sec. 16) Such prohibition of dismissal is also applicable to a worker who takes care of a family member in a care-requiring condition (sec. 16-9). Section 52-4(2): Employers must not dismiss or otherwise treat a worker disadvantageously due to said worker having asked for the assistance in the resolution of a dispute, advice, guidance or recommendations regarding the dispute; or made an application for administrative mediation under section 52-5.

Part-time and Fixed-term Workers Act, as amended in 2018, prohibits dismissal or other unfavourable treatment of a PT-FTC worker for the having requested information regarding their treatments, in accordance with section 14(1) and (2) which oblige employers to explain to PT-FTC workers about their treatments (upon recruitment, and also when the worker requests information on the difference of treatment compared to regular workers; including on the difference from regular workers and reasons for it) (Section 14(3)). The Act also prohibits dismissal or other unfavourable treatment of a PT-FTC worker who has requested assistance from the Directors of Prefectural Labour Bureaux in the resolution of a dispute through advice, guidance or recommendations, or through mediation (sections 24 and 25).
* The 2018 amendment to the Part-time Workers Act (the tile will change to Part-time and Fixed-term Workers Act) will enter into force on 1 April 2020, except that for small and medium-sized enterprises on 1 April 2021.

Act on Promoting the Resolution of Individual Labour Disputes prohibits dismissals or other unfavourable treatment of a worker who has requested assistance from the Director of the Prefectural Labour Bureau in the resolution of an individual labour dispute through advice or guidance, or through conciliation (sections 4(3) and 5(2)).

Whistle-blower Protection Act (2004) provides for the nullity of dismissal of a whistle-blower (section 3).

Act on Comprehensive Promotion of Labour Policies, as amended in 2019, prohibits dismissals or other unfavourable treatment of a worker (section 30-2 (2)) who has consulted with the employer concerning power harassment (section 30-2(2)).
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2019 Jordan Jordan Art. 27 LL: The employer shall not terminate the services of an employee in any of the following cases:
* from the sixth month of the employee's pregnancy or during her maternity leave.
* the employee is performing military or reserve service.
* the employee is on annual, sick leave or on leave granted for the worker's education, purposes of learning, pilgrimage, or on leave agreed by both parties to take up trade union office or studies in a recognized institute, college or university. (...)
Art. 24 LL: The employee shall not be dismissed from work, and no disciplinary procedure shall be taken against him/her for reasons related to the complaints and claims provided by the employee to the competent authorities in relation to the execution of the provisions of law.
- Race, language and religion are listed in the Constitution as prohibited grounds for discrimination. They are however not mentioned in the LL as prohibited grounds for dismissal.
Art. 6 of the Constitution reads as follows: "(i) Jordanians shall be equal before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion.
(ii) The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquility and equal opportunities to all Jordanians."

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2019 Kazakhstan Kazakhstan Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike

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2019 Korea, Republic of Korea, Republic of - Art. 6 LSA: general prohibition of discrimination against workers on the grounds of gender, nationality, religion of social status.
- Art. 23 (2) LSA: Prohibition to dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter, and any female worker on maternity leave.
- On prohibition of discriminatory dismissals on the grounds of sex, marriage, family status, pregnancy or childbirth, see art. 2 and 11 of EEA.
- Art. 81 TULRAA: prohibition of dismissal of or discrimination against a worker on the grounds that the worker has joined or intended to join a trade union, intended to establish a trade union, or performed a lawful act for the operation of a trade union.
- See also on prohibition of age discrimination, including with regards to dismissal, see art. 44 of the Act on age discrimination prohibition in employment and aged employment Promotion , No 4487, 31 December 1991, as amended.
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2019 Kyrgyzstan Kyrgyzstan Art. 9 LC Europe Y
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2019 Lesotho Lesotho •Art. 66 (3) LC lists the invalid reasons for terminating employment as the following:
(a) trade union membership or participation in trade union activities outside working hours or, with the consent of the employer, within working hours;
(b) seeking office as, or acting or having acted in the capacity of, a workers' representative;
(c) the filing in good faith of a complaint or grievance, or the participation in a proceeding against an employer involving the alleged violation of the Code, other laws or regulations, or the terms of a collective agreement or award;
(d) race, colour, sex, marital status, pregnancy, family responsibilities, religion, political opinion, national extraction or social origin;
(e) absence from work in accordance with the provisions of the Code or as authorised by the employer.

In addition, see art. 5 LC : general article on non-discrimination.
On HIV status, see: art. 235 G Labour Amendment Act 2006.
See also art. 67 LC: "If the Labour Court is satisfied that an employer dismissed an employee in order to avoid liability for providing the employee with any benefit provided for under the Code, such dismissal shall be deemed unfair".
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2019 Luxembourg Luxembourg Except for marital status and pregnancy, those grounds are listed in art. L 251-1 LC (non-discrimination in employment including dismissal: art. L 251-2 1) c) LC).
* Marital status: art. L 337-5 LC: No contractual clause can stipulate that the contract of a woman employee be terminated on the grounds that she got married.
* Pregnancy and maternity leave: art. L 337-1 LC: Dismissal with notice is prohibited during pregnancy (as established by a medical certificate), during a period of 12 weeks after birth.
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A l'exception du motif du mariage et de la grossesse, ces motifs sont énumérés à l'art. L 251-1 du Code du trvail (non-discrimination dans l'emploi, y compris le licenciement : art. L 251-2 LC).
* Situation familiale : art. L 337-5 LC : Aucune clause contractuelle ne peut stipuler que le contrat d'une employée peut être résilié au motif qu'elle s'est mariée.
* Congé de grossesse et de maternité : art. L 337-1 LC : Le licenciement avec préavis est interdit pendant la grossesse (tel qu'établi par un certificat médical), pendant une période de 12 semaines après la naissance.
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2019 Madagascar Madagascar - Worker's opinion and trade union membership or activities: see art. 20 LC and 141 LC.
- Pregnancy and maternity leave: see art. 95 and 97 LC.
- HIV status: Act No. 2005-040 of 20 February 2006 concerning the fight against HIV/AIDS and the protection of the rights of persons living with HIV/AIDS. See art. 46 which provides that the serological status of a worker, her or his partner or close family members shall not constitute a direct or indirect cause for non-recruitment or termination of employment.
- Disability: see art. 105 LC which contains a general prohibition of discrimination in employment on the basis of disability.
- Art. 5 LC protects employees against retaliation (including dismissal) if they report sexual harassment or testify against the employer in sexual harassment cases.
- In addition art. 261 LC provides that any discriminatory treatment based on race, religion, origin, sex, trade union affiliation as well as political opinion or membership in relation to access to employment and vocational training, conditions of employment and promotion, conditions of remuneration and dismissal, shall be punished with a fine or imprisonment.
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2019 Malawi Malawi Art. 57 (3) EA: lists invalid reasons for dismissals as
(a) an employee’s race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibilities;
(b) an employee’s exercise of freedom of association rights;
(c) temporary absence from work because of sickness or injury;
(d) exercise or proposed exercise of the right to remove himself from a work situation which he reasonably believes presents an imminent or serious danger to life or health;
(e) participation or proposed participation in Iawful industrial action;
(f) refusal to do any work normally done an employee who is engaged in industrial action; or
(g) the filling of a complaint or participation in proceedings against an employer involving alleged violations of laws, regulations or collective agreements.

See also the general provision of non-discrimination (including in respect of termination of employment): art. 5 (1) EA.
On pregnancy, see: art 49(1) EA: an employer who terminates the employment of an employee because of her pregnancy or for any reason connected with her pregnancy shall be guilty of an offence and liable to a fine and 5 years imprisonment.
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2019 Mexico Mexico * A dismissal on the ground of trade union membership or participation in a lawful strike amounts to a dismissal without cause (art. 123 A XXII of the Constitution).

* Art. 3 of the FLA prohibits discrimination between workers on the grounds of ethnic or national origin, race, sex, age, disabilities, social condition, health condition, religion belief, condition of migrant, opinions, sexual orientation, marital status or any other ground threatening human dignity .

(Note also that Art. 1 of the Constitution establishes a general prohibition of any discrimination on the grounds of ethnic or national origin, gender, age, disabilities, social condition, health condition, religion, opinions, sexual orientation, marital status or any other ground threatening human dignity or which aims to diminish human rights and freedoms).

See also art 1(III) and 9 Federal Law to prevent and eliminate discrimination of 2003, last amended in 2012.

•Pregnancy, change of marital statutes and taking care of underaged children - art 133 (XV) FLA : The employers and their representatives cannot dismiss or coerce an employee, directly or indirectly, on the grounds of pregnancy, change of marital status or for taking care of underaged children. For pregnancy and maternity, see also art 170 FLA.
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2019 Morocco Morocco Art. 9 and Art. 36 LC
Art. 159 LC: pregnant women and women on maternity leave.
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2019 Mozambique Mozambique Article 54 of Labour Act provides equality of rights and protection from discriminatory treatment, including concerning dismissals and other rights to work.
Articles 12 and 13 of Act No 5/2002 provide specific rules regarding dismissals without a cause of workers with HIV.
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2019 Namibia Namibia Sec. 33 (2) LA lists the cases of unfair dismissals, which occur:
- because the employee discloses information that he or she is entitled or required to disclose to another person;
- for the reasons related to an employee's lawful trade union activities,
- because of the exercise of any right conferred by the LA or the terms of the contract of employment; or
- because the employee fails or refuses to do anything that an employer must not lawfully permit or require an employee to do.
In addition constitute an unfair dismissal any dismissal based on: sex, race, colour, ethnic origin, religion, creed or social or economic status, political opinion and marital status (sec. 33(3) LA)

See also: Sec. 5(2) LA which forbids employer to discriminate employees in any decision, which includes termination, on account of family responsibilities, degree of physical or mental disability, AIDS or HIV status; or previous, current or future pregnancy (in addition to the above-mentioned grounds listed in sec. 33(3))
The dismissal of an employee for disciplinary reasons in contravention of sec. 33 LA constitutes an unfair labour practice (sec. 48 LA).

On maternity leave, see sec. 26(5) LA.
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2019 Netherlands Netherlands Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
- Equal Treatment Act (1994, as amended in 2015): Art. 1 and 5 1) f;
- Equal Treatment (Disability and chronic illness) Act (2003), Art. 1 and 4 b).
- Art. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
- Equal Treatment in Employment (Age Discrimination) Act (2003): Art. 3 c)

In addition, an employer is prohibited to give notice:

1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (Art. 7:670 (1) CC) or unless the employee has refused to comply with reasonable instructions from a doctor or the employer or refused to perform suitable alternative work (Art. 7:670a CC);
2) when an employee who is fit to perform the agreed work is pregnant, during her/his maternity leave or paternity leave or the six weeks following the end of that period (Art.7:670 (2) CC) or when the employee is taking adoption leave (Art. 7:670 (7) CC).;
3) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
4) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (Art. 7:646, 647, 648, 649 CC);
6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.
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2019 New Zealand New Zealand See sec. 104 ERA prohibiting discrimination in employment which includes dismissal:

* on the prohibited grounds listed in sec. 105 ERA (sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, sexual orientation). Discrimination on such grounds is also prohibited under the Human Rights Act, 1993;

* on the grounds of involvement in the activities of a union. The statutory definition of involvement union activity includes trade union membership and also a number of grounds such as participation in a lawful strike, filing a complaint or participation in proceedings against an employer, submitting a personal grievance against an employer, taking an employment relations education leave;(sec. 107 ERA)

* on grounds of pregnancy and of a woman's state of health during pregnancy, and on grounds that a male or female employee intends to take parental leave or to assume the care of a child with a view of adoption. Dismissal of employees is also prohibited during parental leave and during 26 weeks thereafter. The dismissal of a pregnant employee is permitted if her state of health is materially affected by causes which are not related to pregnancy (sec. 49 of the Parental Leave and Employment Protection Act 1987);

* Another prohibited ground is listed in sec. 110A (1) (a), (2) and (6), in connection with sec. 89 of the Health and Safety at Work Act (2015), which prohibits the dismissal of a worker, who acts as, has been, or proposes to be a safety representative or a member of a health and safety committee or of a worker, who raises a health and safety issue or is taking, has taken, encourages requests or organizes to take to seek compliance by any person with a duty under the Health and Safety at Work Act.

Furthermore, Sec. 110A (1) (a) and (2) and sec. 89, 83, 84 Health and Safety at Work Act prohibit the dismissal of an employee, based on the employee's refusal to perform work likely to cause serious harm, or the refusal to perform work, which has been declared unsafe by a safety representative
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2019 Nicaragua Nicaragua According to Article 144 of Labour Code, the worker in a state of pregnancy or enjoying prenatal and postnatal leave may not be dismissed, except for just cause previously established by the Ministry of Labour.
Moreover, article 231 to 234 provide rules for protection against dimissals of employees involved in trade union activities. The dismissal would be only allowed with the authorization of Ministy of Labour.
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2019 Niger Niger See Art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
New in Sept. 2012: New grounds were introduced in the 2012 LC: HIV-AIDS and sickle cell disease (drepanocytosis). In addition a new provision expressly provides that HIV-AIDS and sickle cell disease cannot, in any way, justify the dismissal of an affected worker (Art. 152 new LC).
Art. 78 LC lists unfair reasons for dismissal, namely:
- the above-mentioned prohibited grounds of discrimination (Art. 5 LC);
- seeking office as, or acting or having acted in the capacity of, a workers' representative;
- the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
- marital status, pregnancy, temporary absence from work because of illness or injury.
Art. 111 LC: prohibition of dismissal during maternity leave (no reference to pregnancy).
See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.
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2019 Norway Norway See Chapters 2 and 5 of the Equality and Anti-Discrimination Act:

Section 6.Prohibition against discrimination
"Discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these factors is prohibited. «Ethnicity» includes national origin, descent, skin colour and language.
The prohibition includes discrimination on the basis of actual, assumed, former or future factors specified in the first paragraph.
The prohibition also applies if a person is discriminated against on the basis of his or her connection with another person, when such discrimination is based on factors specified in the first paragraph.
«Discrimination» means direct or indirect differential treatment pursuant to sections 7 and 8 that is not lawful pursuant to sections 9, 10 or 11."

Section 29.Prohibition against discrimination in employment relationships, etc.
The prohibitions in chapter 2 apply to all aspects of an employment relationship. This includes the following
(...) e) cessation.
The first paragraph applies correspondingly to employers' selection and treatment of self-employed persons and hired workers."

On Whistleblowers, Section 2 A-1 WEA provides that "(1) An employee has a right to notify censurable conditions at the employer's undertaking. Workers hired from temporary-work agencies also have a right to notify censurable conditions at the hirer's undertaking.
(...)
Section 2 A-2. WEA provides that "(1) Retaliation against an employee who notifies pursuant to section 2 A-1 is prohibited. As regards workers hired from temporary-work agencies, the prohibition shall apply to both employers and hirers. (...) (3) Anyone who has been subjected to retaliation in breach of the first or second paragraph may claim compensation without regard to the fault of the employer or hirer. The compensation shall be fixed at the amount the court deems reasonable in view of the circumstances of the parties and other facts of the case. Compensation for financial loss may be claimed pursuant to the normal rules."
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2019 Panama Panama No general prohibition of discrimination in the Labour Code.
However, Act No 11 of 22 April 2005 prohibits discrimination in employment on the grounds of race, birth, disability, social condition, sex, religion and political opinion (art. 1). See also art. 19 of the Constitution.
With regards to pregnancy, art. 106 LC states that it is unlawful to dismiss an expectant mother from her employment except for valid reasons and with the prior authorization of the judicial authorities.

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2019 Paraguay Paraguay The Labour Code establishes provisions concerning dismissals of trade unions members. Trade Unions must indicate to the employers which members enjoy protection against dismissal, according to article 318.
Likewise, in order to dismiss a worker protected by union stability, accoridng to article 321, the employer shall previously prove judicially the existence of just cause imputed to the worker, or that the invoked condition of leader, manager or candidate is false. Taking into account the seriousness of the facts alleged by the employer, the Judge may preventively suspend the provision of the leader's service, without prejudice to paying the wages and benefits at the end of the demand.

In the same line, article 136 provides that from the moment the employer has been notified of the worker's pregnancy and while the worker enjoys the maternity breaks, the notice and dismissal decided by the employer will be void.
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2019 Peru Peru Art 29 LPLC provides for the nullity of any dismissal based on those prohibited grounds.
On maternity leave: see art. 29 e) LPCL: any dismissal based on the pregnancy is null if it takes place at any time preceding confinement or 90 days after it [= duration of maternity leave]. Note that maternity protection was enhanced by Law No30367 of 25 November 2015.
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2019 Philippines Philippines Art. 133 LC (sexual discrimination)
Art. 134 LC (stipulation against marriage)
Art. 135 LC (prohibited acts: 1) discharging any woman employed by any employer for the purpose of preventing her from enjoying any of the benefits provided under the LC; 2) discharging such woman on account of her pregnancy or while on leave or in confinement due to her pregnancy; c) discharging or refusing the admission of such woman upon returning to her work for fear that she may again be pregnant )
Art. 157 (same termination of employment protection for night workers): A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health; Art. 158 (prohibition of dismissal of a woman night worker except for just or authorized causes under the LC that are not connected with pregnancy, childbirth and childcare responsibilities).
Art. 257 and Art. 259a), b) e) f) (anti-union discrimination and unfair labour practices; Art. 259(f) (dismissal, discharge and discrimination against an employee for having given or being about to give testimony under LC)
Art. 118 (retaliatory measures: unlawful discharge of or discrimination against any employee who has filed any complaint or instituted any proceeding or has testified or is about to testify in proceedings)
Art. 147 (unjust termination of termination of services by householders): if the period of household service is fixed, neither the employer nor the house helper may terminate the contract before the expiration of the term.
Sec 5(6) and (7) of the 2016 Anti-age Discrimination in Employment Act and Sec. 4(6) and (7) of its implementing rules and regulations (prohibition of discrimination in employment on account of age: forcible lay off of an employee or worker because of old age or imposition of early retirement on the basis of such employee’s or worker’s age.
Sec. 35 of the Philippine AIDS Prevention and Control Act of 1998 (No. 8504) (termination from work on the sole basis, of actual, perceived or suspected HIV status of an individual is prohibited)

Sec. 32 g) of the Republic Act No. 7277 providing Magna Carta for Disabled Persons (prohibition of dismissal and termination of services of a disabled employee by reason of his disability unless the employer can prove that he impairs the satisfactory performance of the work involved to the prejudice of the business entity: Provided, however, That the employer first sought to provide reasonable accommodations for disabled persons.
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2019 Poland Poland Article 177 LC
Para. 1: The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the workplace trade union organisation representing the employee has consented to the termination.
Para. 2: The provision of para. 1 does not apply to a female employee during the course of the contract for a trial period no longer than 1 month.

Articles 18.3a and 18.3b on Equal Treatment in Employment
Equal Treatment in Employment
Article 18.3a.
Para. 1. Employees shall receive equal treatment with regard to establishment and termination of employment relationships, terms and conditions of employment, promotion and access to vocational training in order to improve one’s professional qualifications, in particular irrespective of sex, age, disability, race, religion, nationality, political views, trade union membership, ethnic origin, belief, sexual orientation, employment for a definite or indefinite period of time, on a full or part-time basis.
Para. 2. Equal treatment in employment means no direct or indirect discrimination whatsoever on any of the grounds referred to in para. 1.
Para.3. Direct discrimination shall be taken to occur where an employee is treated, has been treated or could be treated less favourably than other employees in a comparable situation, on one or several of the grounds referred to in §1.
Para. 4. Indirect discrimination exists where, due to an apparently neutral provision, criterion or practice, there occur or there could occur some unfavourable disproportions or a particularly unfavourable situation with respect to the establishment and termination of the employment relationship, terms and conditions of employment, promotion and access to vocational training in order to improve one’s professional qualifications concerning all or a considerable number of employees that belong to a group distinguished by one or many of the characteristics enumerated in para. 1 at a disadvantage, unless this provision, criterion or practice is objectively justified by a legitimate goal to be achieved, and the means of achieving that aim are appropriate and necessary.
Para. 5. Discrimination in the meaning of para. 2 shall also include:
1) encouraging another person to violate the principle of equal treatment in employment or ordering him/her to violate this principle;
2) undesired behaviour, the aim or the result of which is the violation of dignity of an employee and the creation of an intimidating, hostile, degrading, humiliating or offensive environment (harassment).
Para. 6. Sex discrimination shall also include any undesired sexual behaviour or any behaviour related to employee’s sex aimed at or resulting in violation of dignity of an employee; in particular the creation of an intimidating, hostile, degrading, humiliating or offensive environment; such behaviour may be manifested by physical, verbal or non-verbal elements (sexual harassment)
Para. 7. The employee's submission to harassment or sexual harassment, as well as the actions taken to oppose the harassment or sexual harassment shall not cause any negative consequences for the employee.

Article 18.3b
Para. 1. Subject to paras. 2-4, the differentiation of the employee’s situation by the employer on one or several of the grounds referred to in Article 18.3a §1 is also deemed a violation of the principle of equal treatment in employment, if it results in particular in:
1) the refusal of an establishment or termination of an employment relationship,
2) unfavourable terms of remuneration or other terms and conditions of employment, or omission during the selection for promotion or other employment benefits,
3) omission during the selection for participation in vocational training raising professional qualifications,- unless the employer proves that the grounds for these actions were objective.

Para. 2. None of the following actions, proportionate to the legitimate aim related to differentiation of the situation of an employee, shall be considered as a breach of the principle of equal treatment in employment:
1) non-employment of an employee due to one or several reasons provided for in Article 18.3a §1, if justified due to the type of work and the conditions of performance thereof or the genuine and decisive professional requirements to be satisfied by the employees
2) termination of the employee’s terms and conditions of employment relating to the working time, if justified by reasons not related to the employee,
3) application of measures differentiating the employee’s legal situation due to the requirement of protection of parenthood or a disability,
4) taking into account the seniority criterion while setting the conditions for recruitment of employees or for making them redundant, regulating remuneration and promotion conditions and access to vocational training, which justifies a differential treatment on grounds of age.
Article 18.3b does not infringe the principle of equal treatment in employment any action undertaken during limited time having for the objective the equalization of opportunities for all or only a considerable number of employees belonging to the group formed on the basis of one or more grounds listed in Article 18.3a §1, through decreasing of factual inequalities in favour of such employees, within the scope determined in this provision.
Para. 4. Restricting the access to employment due to religion, religious convictions or belief shall not be considered as breach of the principle of equal treatment in employment if in relation to the type and character of activities conducted within the scope of churches or other religious societies as well as organizations the objective of which is directly related to religion or denomination, the employee’s religion or denomination constitutes a material, reasonable and justified professional qualification, proportionate to achieving the legitimate aim of diversifying the situation of that person; this also applies to requiring the employees to act in good faith and loyalty to the ethics of the church other religious associations and organizations with an ethos based on religion, creed or belief.
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2019 Portugal Portugal There is a general principle of non-discrimination in the LC. According to this principle, any employer is prohibited from discriminating any employee or applicant, directly or indirectly, on the basis of extraction, age, sex, sexual orientation, marital status, family condition, economic situation, education, social condition or origin, genetic information, reduced capacity for work, disability, chronic illness, nationality, ethnic origin, race, territory of origin, language, religion, political opinion or ideological opinions and trade union affiliation (art. 24 and 25 LC).

Article 24 LC, as amended by law no 28/2015 of 14 April:
1 - The worker or job applicant has the right to equal opportunities and treatment as regards access to employment, vocational training and promotion or career and working conditions, and may not be privileged, benefited, harmed, deprived of any right or exempt from any duty on the grounds of ancestry, age, sex, sexual orientation, gender identity, marital status, family situation, economic situation, education, origin or social condition, genetic heritage, ability to work reduced, disability, chronic illness, nationality, ethnic origin or race, territory of origin, language, religion, political or ideological beliefs and trade union membership, and the State shall promote equal access to such rights.

In addition, the LC specifically prohibits dismissals based on political, ideological, ethnic or religious grounds, even when the employer invokes a different reason (art. 381(a) LC).
Lastly, the dismissal of a pregnant employee, an employee who have recently given birth or is breastfeeding or during parental leave is unlawful if the prior opinion of the competent administrative body is not requested (art. 381 d) LC).
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2019 Romania Romania - Art. 59 LC prohibits dismissal on the following grounds:
a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
b) the exercise, under the terms of the law, of their right to strike and trade union rights.

In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
- for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- for the duration of the quarantine leave;
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the annual leave.
This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.
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2019 Russian Federation Russian Federation Article 3 of the Labour Code prohibits discrimination at work on several grounds.
Article 261 of the Labour Code prohibits to dismiss a pregnant worker and provides some protection against dismissals to women workers with children.
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2019 Rwanda Rwanda The LL does not contain a list of prohibited grounds for dismissal but it contains a general prohibition of discrimination in work matter.

• However, Art. 8 LL prohibits the dismissal of an employee for having reported or testified on sexual harassment committed by his/her supervisor; and provides that if there is tangible evidence that an employee has resigned due to sexual harassment committed against him/her by his/her supervisor, his/her resignation is considered as unfair dismissal.

•Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident unless a recognized doctor declares him/her unfit to resume service in the employment he/she held prior to the accident.

•Art. 30 refers to the damages payable to employees’ representatives, occupational health and safety committee members and trade union representatives who are victims of unfair dismissal as a result of the discharge of their responsibility to represent employees.

•Art. 61 LL prohibits the employer from giving notice of dismissal during maternity leave.

•Art. 9 LL also contains a general prohibition of discrimination in work matters on the basis of ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural difference, language, physical or mental disability or any other form of discrimination.
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2019 Senegal Senegal Art. L56 LC and 7 of the Inter-occupational Collective Agreement on the prohibition of dismissal on the basis of trade union activities and membership, and on the basis of the opinions of the worker.
Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
Art. L1 (2) LC on the general prohibition of discrimination on the basis of origin, race, sex and religion.
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2019 Serbia Serbia Article 18 of Labour Law provides general grounds for protection against discrimination:
Direct and indirect discrimination of persons seeking employment, as well as the employees, for reasons of sex, birth, language, race, color of skin, age, pregnancy, health condition, i.e. disability, ethnic origin, religion, marital status, family obligations, sexual orientation, political or other belief, social background, financial status, membership in political organizations, trade unions, or any other personal characteristic - is prohibited

Art. 183 of Labour Law provides specific regulations for protection against termination of employment contract in relation to discrimination:
The following shall not be considered as a justified reason for cancelling the employment contract in terms of Article 179 of the present Act: 1) Temporary impairment for work due to illness, accident at work or occupational disease; 2) Use of maternity leave, leave of absence for child care and absence from work due to special child care; 3) Full-term serving or completion of military service; 4) Membership in a political organization, trade union, sex, language, nationality, social background, religion, political or other conviction, or some other personal feature of the employee; 5) Activity as a representative of employees, in conformity with the present Act; 6) Seeking help from a trade union or agencies in charge of protection of employment-related rights, in conformity with the law, bylaw and employment contract.
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2019 Singapore Singapore * Age: sec. 4 (2) of Retirement Age Act 1993 (No. 14 of 1993) as amended by Act No. 49 of 1998 stipulates that "no employer shall dismiss on the ground of age any employee who is below 60 years of age or the prescribed retirement age".
* Pregnancy and maternity leave: sec. 81, 84 and 84 A EA.
* Trade union activities: sec. 82 of the Industrial Relations Act (chap. 136) of 1960 as subsequently amended.
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2019 Slovakia Slovakia On the general prohibition of discrimination, see sec. 13 LC which refers to the principle of Equal Treatment contained in the Act No. 365/2004 Coll. of 20 May 2004 on Equal Treatment in Certain Areas and Protection against Discrimination. This Act prohibits discrimination in employment relations (including dismissal) on grounds of sex (which includes pregnancy, motherhood, sex or gender identification), religion or belief, race, nationality or ethnic origin, disability, age, sexual orientation, marital or family status, colour, language, political affiliation or other conviction, national or social origin, property, lineage or any other status. (See sec. 6 read together with sec. 2 and 2 a) of the Act).
Note, that until April 2011, that the list of prohibited grounds contained in the Labour Code (sec. 13(2)) was much more restrictive than that of the Act 365/2004.

An amendment to the Labour Code, Act. No 48/2011, brought the list of prohibited grounds of discrimination of the Labour Code in line with the Anti-Discrimination Act while adding additional grounds in the LC. As a result, sec. 13(2) LC now expressly prohibits discrimination based on sexual orientation, disability and ethnic origin. Two new grounds, which were not included in the Anti Discrimination Act have also been introduced in the LC (sec. 13(2) and art. 1 of the Fundamental Principles, namely: Unfavourable state of health and genetic features".

"Filing a complaint against the employer is included in sec. 13(3) LC which stipulates that "in the workplace, nobody may be persecuted or otherwise sanctioned in the performance of labour-law relations for submitting a complaint (...) against another employee or the employer."

In addition, sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable for work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic, and within the period from submission of a proposal for institutional care or from entry into spa treatment up to the day of termination thereof,
- in case of conscription of the employee to perform extraordinary service in time of crisis, or in case of performance of alternative service,
- during the entire period of pregnancy, maternity leave, parental leave or in case a single-parent (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is on the basis of a medical opinion, certified as temporarily unfit for night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business,
* if the employee has lost by his/her own fault the preconditions for the performance of the agreed work pursuant to a special law.
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2019 Slovenia Slovenia Art. 90 ERA lists unfounded reasons for termination:
-emporary absence from work due to incapacity for work due to illness or injury, or care for family members under the regulations on health insurance or absenteeism due to parental leave under the regulations on parenthood,
- bringing an action or the participation in proceedings against the employer due to the allegation of breach of contractual and other obligations arising from employment before the arbitral, judicial or administrative authority,
- trade union membership,
- participation in union activities outside working hours,
- participation in trade union activities during working hours, in agreement with the employer,
- participation of the worker in a strike organized in accordance with the law,
- candidacy for the office worker's representative and the current or past performance of this function,
- change of employer under the first paragraph of Article 75 of this Act,
- race, nationality or ethnic origin, color, gender, age, disability, marital status, family responsibilities, pregnancy, religion and political beliefs, national or social origin,
- a contract on voluntary military service, contract for military service in the Slovenian armed forces reserve, a contract of service in the Civil Protection and the voluntary participation of the citizens in protection and rescue in accordance with the law.
See also Article 6, paragraph 1, that list prohibited grounds for discrimination.
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2019 South Africa South Africa The LRA provides that a dismissal is automatically unfair if the reason for the dismissal is one that amounts to an infringement of the fundamental rights of employees and trade unions (i.e trade union or workplace forum membership or activities), or if the reason is one of those listed in section 187. These are:
* participation in, support to, or intention to support a lawful strike
* the employee refused to do any work normally done by an employee who is participating in a lawful strike unless the work is necessary to prevent an actual danger to life, personal safety or health,
* compelling an employee to accept a demand concerning a matter of mutual interest between the employer and employee;
* the exercise of a right under the LRA, or participation in any labour proceedings;
* pregnancy or maternity; or
* unfair discrimination based on any arbitrary ground, including but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility unless the reason for dismissal is based on an inherent requirement of the particular job;
* dismissal based on age, unless the employee has reached the normal or agreed retirement age for employees in that capacity;
* a transfer, or a reason related to a transfer of contract of employment contemplated in section 197 or 197A LRA; or
* a contravention of the Protected Disclosures Act, 2000, by the employer, on account of an employee having made a protected disclosure defined in that Act.
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2019 Spain Spain 1) The anti-discrimination provisions of the Workers' Charter prohibit termination of employment on the basis of sex, ethnic origin, marital status, race, social status, age (within the limits established by the law), religious or political beliefs, membership or non-membership of a trade union, sexual orientation, language, disability (art. 4(2)c) ET).
Any employer's unilateral decision based on the above-mentioned grounds is considered to be null and void (17(1) ET).
In addition, according to art. 55(5) ET any disciplinary dismissal based on discriminatory grounds prohibited by the law or the constitution or in violation of the employee's fundamental rights or public freedom is null and void.
2) In addition, dismissal is null in the following circumstances: pregnancy, suspension of contract due to maternity, risk during pregnancy, or breast-feeding leave; adoption or fostering; family leave to care for children or handicapped persons; and certain circumstances in which female workers have been victims of gender violence. This is however not an absolute prohibition, since dismissal in those cases is allowed if not motivated by reason of pregnancy or the exercise of the right to the above mentioned leaves (art. 53(4) ET - dismissal for an objective cause - and art. 55(5) ET - disciplinary dismissal).
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2019 Sri Lanka Sri Lanka See sec. 32A IDA on unfair labour practices:
- dismissal by reason of trade union membership and activities (sec. 32A b))
- dismissal of any workman or office-bearer of a trade union -
(i) for any statement made before a tribunal or person in authority; or
(ii) for any statement regarding acts or omissions of the employer relating to the terms and conditions of employment, of the members of such trade union made by such workman or office-bearer, in pursuance of an industrial dispute for the purpose of securing redress or amelioration of working conditions of such members" (sec. 32A b))

* Sec. 40 IDA makes it an offence to dismiss a worker because he/she has become entitled to the benefit of any collective agreement, award or order (sec. 40(1)(k), IDA), or because the worker takes part in any proceedings against the employer, either as a witness or party (secs. 40(1)(j) and (p), IDA).

* In addition, under the Maternity Benefits Ordinance (MBO), the employer shall not dismiss a women during maternity leave nor can he or she dismiss a women by reason only of
her pregnancy or confinement or of any illness resulting from her pregnancy or confinement. (sec. 10 and 10A MBO)

* There is no legislation governing non-discrimination in employment in Sri Lanka. However, art. 12(2) of the Constitution provides that "No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any such grounds"

Note: Sri Lanka ratified the ILO Discrimination (Employment and Occupation) Convention (No. 111) in 1998.
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2019 Switzerland Switzerland Art. 336 CO provides as a general principle that "1. notice of termination is unlawful where given by one party:
a. on account of an attribute pertaining to the person of the other party, unless such attribute relates to the employment relationship or substantially impairs cooperation within the business;
b. because the other party exercises a constitutional right, unless the exercise of such right breaches an obligation arising from the employment relationship or substantially impairs cooperation within the business;
c. solely in order to prevent claims under the employment relationship from accruing to the other party;
d. because the other party asserts claims under the employment relationship in good faith;
e. because the other party is performing Swiss compulsory military or civil defence service or Swiss alternative civilian service or a non-voluntary legal obligation.

Further, para. 2 provides that notice of termination given by the employer is unlawful when given:
a. because the employee is or is not a member of an employees' organisation or because he carries out trade union activities in a lawful manner;
b. while the employee is an elected employee representative on the staff council for the business or on a body linked to the business and the employer cannot cite just cause to terminate his employment;
c. in the context of mass redundancies, without his having consulted the organisation that represents the employees or, where there is none, the employees themselves (Art. 335f).
Para. 3. provides that the protection against termination of employment afforded pursuant to paragraph 2 letter b to an employee representative whose mandate has ended as a result of transfer of the employment relationship (Art. 333) continues until such time as the mandate would have expired had such transfer not taken place."

This should also be read in the light of Art. 8 of the Swiss Constitution that specifically establishes a general prohibition based in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions or because of a physical, mental or psychological disability.

In addition, Art. 336c CO provides that after the probation period has expired, the employer may not terminate the employment relationship:
1.a. while the other party is performing Swiss compulsory military or civil defence service or Swiss alternative civilian service or, where such service lasts for more than eleven days, during the four weeks preceding or following it;
b. while the employee through no fault of his own is partially or entirely prevented from working by illness or accident for up to 30 days in the first year of service, 90 days in the second to fifth years of service and 180 days in the sixth and subsequent years of service;
c. during the pregnancy of an employee and the sixteen weeks following birth;
d. while the employee is participating with the employer's consent in an overseas aid project ordered by the competent federal authority.
2. Any notice of termination given during the proscribed periods stipulated in paragraph 1 is void; by contrast, where such notice was given prior to the commencement of a proscribed period but the notice period has not yet expired at that juncture, it is suspended and does not resume until the proscribed period has ended.
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2019 Tajikistan Tajikistan Prohibited grounds are: ethnic origin, race, colour, sex, age, religion, political opinion, place of birth, national extraction or social origin, pregnant women and women with children under the age of three years, single mothers if they have a disabled child under sixteen years.

Art. 7 LC - Provision on non discrimination.
Art. 215 LC - Restrictions on termination of employment contracts with women and other persons with family responsibilities.
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2019 Tanzania, United Republic of Tanzania, United Republic of Article 37(3) ELRA lists unfair grounds for dismissals: It is not seen to be fair to dismiss the employee if the employee discloses information that the employee is entitled to or required to disclose, fails or refuses to do anything that an employee may not lawfully permit or require the employee to do, exercises any right conferred by agreement, belongs to a trade union or participates in lawful activities of a trade union, including a lawful strike. It is also seen to be unfair to dismiss an employee for reasons related to pregnancy, disability or reasons that constitute discrimination under the Act.

- Art. 37(4) ELRA prohibits discrimination against an employee in any employment policy or practice on any of the following grounds: colour; nationality, tribe or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/aids, age or station of life. Harassment of an employee is considered to be a form of discrimination.
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2019 Thailand Thailand - The LRA prohibits as an unfair practice the termination of employment by the employer (art. 121 LRA):
* on the ground that the employee is a member of the trade union;
* of certain persons (listed below) carrying out functions of the labour relations machinery for certain acts related to the fulfilment of their duties; and
* on the ground that the employees or the labour union are about to undertake such acts.
The persons specifically referred to are employees, employees' representatives, committee members of the labour union or of the labour federation. The specified acts are calling a rally, filing a petition, submitting a claim, filing a lawsuit or negotiating it, appearing as a witness before or producing evidence to competent officials under the law on labour protection, the Registrar, labour dispute conciliators, labour dispute arbitrators, labour relations committee members, or the labour court.
- On the prohibition of termination of employment on the ground of pregnancy, see art. 43 LPA.
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2019 Tunisia Tunisia - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
- Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
-Art. 19 LC: performing military duties cannot be a cause of termination of employment.
______________________________
- Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
- Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
- Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.
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2019 Turkmenistan Turkmenistan Art. 7 LC: prohibition of discrimination in employment based on: nationality, race, sex, origin, property or employment status, residence, language, age, religion, political beliefs, party affiliation or lack of affiliation to any party. Europe Y
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2019 Türkiye Türkiye *According to Art. 18 LA (job security provision) the following, inter alia, shall not constitute a valid reason for termination:
a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
b) acting or having acted in the capacity of, or seeking office as, a union representative;
c) the filing of a complaint or participation in proceedings against an employer involving alleged violations of laws or regulations or recourse to competent administrative or judicial authorities;
d) race, colour, sex, marital status, family responsibilities, pregnancy, birth, religion, political opinion and similar reasons;
e) absence from work during maternity leave when female workers must not be engaged in work, as foreseen in Article 74;
f) temporary absence from work during the waiting period due to illness or accident foreseen in Article 25 of the Labor Act, subsection I (b).

This provision only applies if the 3 following criteria are fulfilled:
- the employee is engaged for an indefinite period, and
- the employee has worked for at least 6 months, and
- the employee works in an establishment with at least 30 employees.

* The general provision on non discrimination (art. 5 LA) covers all the employees in the scope of the EA and prohibits discrimination in employment (including termination) based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons. Unless there are essential reasons for different treatment, the employer must not discriminate between a full-time and a part-time employee or an employee working under a contract concluded for a definite period and one working under a contract concluded for an indefinite period. In addition, except for biological reasons or reasons related to the nature of the job, the employer must not make any discrimination, either directly or indirectly, against an employee in the conclusion, conditions, execution and termination of his employment contract due to the employee's sex or maternity.

* See also Art. 25 of Law No. 6356 on Trade Unions and Collective Labour Agreements (2012) concerning the prohibition of dismissals and of discrimination on the basis of trade union membership and activities.
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2019 Uganda Uganda Art. 75 EA sets out a list of grounds which shall not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty, including: pregnancy; taking or proposing to take any leave entitlements; membership of a trade union; participation in trade union activities outside working hours or with the employer’s consent within working hours; seeking office or serving as an officer for a trade union; discrimination on the basis of race, colour, sex, religion, political opinion or affiliation, national extraction, nationality, social origin, marital status, HIV status or disability; submission of a complaint or other legal proceedings against the employer; and legitimate temporary absence of work for up to 3 months.

On the organisation of and/or participation in a strike or other form of industrial action, see art. 76 EA.
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2019 Ukraine Ukraine Art. 2.1 of the Labour Code provides equal labor rights for all citizens regardless of origin, social status, race, nationality, sex, language, political opinions, religious beliefs, type and nature of occupation, residence and other circumstances.

However in the cases of pregnant women, women who have children under the age of three, (or, in special circumstances supported by medical evidence, under the age of six), and single mothers who have disabled children or children under the age of 14, pursuant to Article 184 of the Labor Code, this rule does not apply in case of liquidation of an enterprise, or if the woman was on a fixed-term contract that expired. However, in these two cases, the employer is obliged to find alternative employment for employees who fall into this category.
Article 25 of the Labor Code prohibits an employer, while concluding an employment agreement with a prospective employee, from requiring any additional documentation not specified in the Labor Code.
Art. 22 LC
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2019 United Kingdom United Kingdom A dismissal is also automatically unfair if the principal reason for it involves:
* leave for family reasons (includes pregnancy, maternity/paternity/adoption/parental leave): sec. 99 ERA;
* employee representatives: sec. 103 ERA, trade union membership and activities and refusal to belong to a trade union: sec. 152 (1) of the Trade Union and Labour Relations (Consolidation) Act (TULRCA);
* bringing proceedings against the employer to enforce a statutory right: sec. 104 ERA; (see also 104A to 104D ERA: enforcement of a right related to national minimum wage, flexible hours, tax credit and pension enrolment)
* race, ethnic or national origin: Sec 4 (2) b and 4 (4A) of the Race Relations Act 1976 (c. 74) as subsequently amended;
* sex: sec. 6 (2) of the Sex Discrimination Act 1975 (c. 65), as subsequently amended;
* disability: sec. 4 (2) b) of the Disability Discrimination Act 1995 8c. 50) as subsequently amended.
* age: sec. 7 (2) d) of the The Employment Equality (Age) Regulations 2006 (No. 1031), as amended;
* religion and belief: sec. 6 (2) d) of the Employment Equality (Religion or Belief) Regulations 2003 (No. 1660), as amended;
* sexual orientation: sec. 6 2) d) of the The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), as amended;
* safety representatives raising health and safety concerns: sec. 100, ERA;
* jury service: sec. 98B ERA;
* New in 2010: a prohibited blacklist of trade union members in certain circumstances (sec. 104E ERA, as inserted by Regulation 12 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.

In addition, a dismissal is also automatically unfair if the principal reason for it involves:
- unfair selection for redundancy (sec. 105 ERA), transfer of an undertaking (sec. 7(1), Transfer of Undertakings (Protection of Employment) Regulations, 2006), (i.e. unless the dismissal is justified by an economic, technical or organizational reason entailing a change in the workforce), conviction of an offence or failure to disclose such a conviction when the conviction is 'spent' within the meaning of the Rehabilitation of Offenders Act 1974 (sec. 4(3)(b));
- industrial pressure exercised on the employer (e.g. if employees threaten to start industrial action unless a certain employee is not dismissed) (sec. 107, ERA);
- shop workers and betting workers who refuse Sunday work (sec. 101, ERA); and
- trustees of occupational pension schemes (sec. 102, ERA).
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2019 Uruguay Uruguay Law No 17.940/2006 provides stability to trade union members, in which case dismissal will be only possible after a judicial process aiming to prove possible misconduct able to allow the respective dismissal (Articles 1 and 2). Americas Y
2019 Uzbekistan Uzbekistan Art. 6 LC: Prohibition of discrimination in employment.
Art. 25 LC: Additional employment guaranties for members of representative bodies.
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2019 Venezuela, Bolivarian Republic of Venezuela, Bolivarian Republic of Art. 18 (7) and Art. 21 OLL : Non-discrimination in employment.
Art. 420 OLL: A pregnant woman worker shall be immune from dismissal during pregnancy and for two year after confinement, provided that no serious fault is committed, in which case the prior authorization of the Labour Inspectorate shall be required (Art. 421 OLL). This protection also applies to a woman worker who has adopted a child.

See also: Equal Opportunities for Women Act of 15 August 1993 [Ley de Igualdad de Oportunidades para la Mujer], Art. 15: It is unlawful to dismiss or pressure a woman, or diminish her rights, during or as a result of pregnancy. If a woman believes her rights have been violated she may bring a constitutional action in order that they be restored to her.
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2019 Zambia Zambia Section 36(4) EA, added by the 2015 Amendment, states: Reasons that are not valid for termination of contracts include
(a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
(b) seeking office as, acting or having acted in the capacity of, an employee’s representatives;
(c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
(d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or
(e)absence from work during leave or a rest period in accordance with a written law.

See also:
* Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
* On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
* Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
* On temporary work injury or sickness, see sec. 54(1) LC.
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2018 Antigua and Barbuda Antigua and Barbuda The LC does not expressly provide a list of prohibited grounds for dismissal.
However, sec. C4(1) LC prohibits discrimination with respect to hire, tenure, wages, hours, or any other condition of work on the grounds of race, colour, creed, sex, age or political beliefs.
On trade union membership or activities, see sec. K(3) and K(4) LC.
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2018 Armenia Armenia Art. 114 LC Europe Y
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2018 Botswana Botswana See sec. 23 of the EA. General prohibition of discrimination on the grounds of marital status; filing a complaint against the employer; race; colour; sex; political opinion; social origin; trade union membership and activities; fulfilling state duties; ethnic origin, age.

Sec. 116 EA. Prohibition of serving notice of termination of contract of employment during maternity leave.

Sec. 9(1) of the Code of Good Practice on HIV/AIDS provides that employees with HIV/AIDS may not be wrongfully dismissed solely on the basis of their HIV/AIDS status.

Sec. 8 of the Code of Good Practice on Discrimination. Dismissals based on employees with disabilities is prohibited.


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2018 Cambodia Cambodia Sec. 12 LC (non-discrimination on the grounds of race, colour, sex, creed, religion, political opinion, birth, social origin, membership of workers’ union or the exercise of union activities); sec. 279 LC (union affiliation or activities); sec. 182 LC (maternity leave); sec. 333 LC (participation in a strike). Asia Y
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2018 Malaysia Malaysia * Trade union activities: sec 5 (1) (d) and 59 (1) IRA.

*Maternity leave and pregnancy: Section 37 (4) has been inserted in the EA and it states that dismissing an employee during maternity leave constitutes an offence. Unlike the previous Section 40 (3) EA (which now has been deleted), sec. 37 (4) of the amended EA provides that the prohibition of dismissal during maternity leave does not apply to termination on the grounds of the closure of the employer's business.
Constitutes also an offence the dismissal of a female employee who remains absent from work after the expiration of the protection period as a result of illness arising out of her pregnancy or confinement (sec. 42 (1) EA).
- Prior to the 2012 amendments the provisions on maternity leave were applicable to female employees depending on their wages. As of April 2012, a new Section 44A has been introduced in the EA, and it states that maternity leave entitlements are now extended to all female employees, irrespective of their wage.
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2017 China China - Art. 42 ECL prohibits dismissal of :
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer (3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age;
(6) a worker who finds himself in other circumstances stipulated in laws or administrative statutes.
See also art. 26 of the Law of the People¿s Republic of China on the Protection of Rights and Interests of Women which prohibits the dismissal of any female employee on the grounds of marriage, pregnancy, maternity leave or nursing unless the employee requests the termination. Dismissal on the ground of pregnancy is also prohibited in the art. 4 of the Regulations Concerning the Labor Protection of Female Staff and Workers (1988).
- Dismissal based on trade union activities is prohibited: art. 52 (1) of the Trade Union Law of the People's Republic of China, 1992 as amended by Order of the President of the People's Republic of China, No 62, 27 October 2001 and last amended on 27 August, 2009.

- Ethnic origin, race, sex, and religious belief and disability are not listed as unlawful grounds for dismissal in the ECL. However, they are listed as prohibited grounds of discrimination in employment in article 3 of the Employment Promotion Law [EPL]
(see also art. 12 of the Labour Law; art. 27 EPL on gender equality; art. 29 EPL and 38 of the PRC Law on the protection of disabled persons, 1990 as last amended on 24 April, 2008).
- Art. 31 EPL: Rural workers who move to urban areas to seek employment shall enjoy equal labour rights to urban workers and shall not be subjected to discriminatory restrictions.
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2017 Denmark Denmark See anti-discrimination regulation:

- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.

- The Act on Discrimination on the Labour Market, 16 December 2008 as amended in December 2014, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.

- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation.

On temporary illness: see sec. 5 (1) ESEA.

Without good cause:
Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation.
Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
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2017 Egypt Egypt See art. 120 LL which provides a list of reasons that shall not be considered as legitimate and adequate justifications for termination.
In addition, see art. 92 LL on the prohibition to dismiss an employee during maternity leave.
According to art. 127 LL, termination of employment is not possible for reasons of the worker's illness, unless he/she has exhausted sick leave entitlement as determined by the Social Insurance Law, in addition to his/her annual leave. The employer has to notify the worker of the contemplated dismissal fifteen days before the end of the workers' leave entitlement.
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2017 Estonia Estonia Anti-discrimination provisions:
The Equal Treatment Act prohibits discrimination on the grounds of of nationality (ethnic origin), race, colour, religion or other beliefs, age, disability or sexual orientation in certain areas including in relation to employment and specifically refers to termination of employment (see art. 1(1) together with art. 2(1)2) and 2(2)2) ETA).
In addition the Gender Equality Act establishes the prohibition on discrimination based on sex (which also cover pregnancy and child-birth, parenting, performance of family obligations or other circumstances related to gender, and sexual harassment) in the professional life including in relation to termination of employment (see art. 6(7) of the Act)

Specific prohibited grounds for dismissal:
Art. 92 ECA prohibits dismissal for the following reasons:
- the employee is pregnant or has the right to pregnancy and maternity leave;
- the employee performs important family duties;
- the employee is not able, in the short term, to perform his/her duties due to his/her state of health;
- the employee represents other employees;
- a full-time employee does not want to continue working part-time or a part-time employee does not want to continue working full-time;
- the employee is in military service or alternative service.
If an employer terminates the employment contract of a pregnant woman or a employee raising a child under three years of age, it is presumed that such termination was based on pregnancy or family responsibilities, unless the employer proves that termination was based on a reason permitted under the ECA. Similarly, if an employer terminates the employment contract of employees' representative during their term of office or within one year of the expiry of his/her term of office, it is presumed that such termination was based on the fact that he/she represents other employees unless the employer proves that termination was based on a reason permitted under the ECA.
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2017 Germany Germany The General Equal Treatment Act (2006, as amended in 2013) prohibits discrimination (including with respect of termination of employment) on the basis of race, ethnic origin, gender, sexual identity, religion, disability and age: sec. 1 and 2 (1) 2).
Prohibition of dismissal during pregnancy and maternity leave: sec. 17 Maternity Protection Act (as amended in May 2017).
Sec. 75 WCA obligation of the employer and the works council to ensure that the employees do not suffer any discrimination on the ground of race, creed, nationality, origin, political or trade union activity or convictions, gender or sexual identity.
Sec. 612a CC prohibition to discriminate on the basis of the lawful exercise of his rights by the employee.
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2017 Moldova, Republic of Moldova, Republic of Art. 8 LC: general prohibition of discrimination in the sphere of employment. In addition to those grounds, are listed the place of residence and "other criteria not connected with professional qualities".
*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.
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2017 Mongolia Mongolia Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
See also, art. 6 of the Law of Trade Union Rights.
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2017 North Macedonia North Macedonia - Non-discrimination:
Art. 6 LRA prohibits discrimination against applicants or employees on the basis of race; skin colour; gender; age; health condition or disability; religious, political, or other conviction; trade union membership; national and social origin; marital status; sexual orientation; or other personal circumstances.
Art. 71(4) LRA provides that any termination based on those above listed grounds shall be null and void.

- Prohibited grounds of dismissal:
Art 77 LRA provides a list of "unfounded grounds for termination", as follows:
1) membership of a trade union or worker participation in union activities in accordance with the law and collective agreements;
2) filing a complaint or participating in proceedings against the employer for violation of contractual and other obligations arising from the labour relation before an arbitration, judicial or administrative authorities;
3) approved absence due to illness or injury, pregnancy, birth and parenthood and care of a family member;
4) Using approved absence of work and annual leave;
5) performing military service or military exercises and
6) Other cases of suspension of the employment contract defined by the Law.
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2017 Saint Lucia Saint Lucia Section 131 Labour Act:(1) An employer shall not dismiss an employee or institute disciplinary action based on-
(a) an employee’s race, sex, religion, colour, ethnic origin, national extraction, indigenous origin, social origin, political opinion or affiliation, trade union affiliation or activity, disability , sexual orientation, serious family responsibility or marital status;
(b) an employee’s age, subject to any other enactment in force, or collective bargaining provisions or contractual provisions regarding retirement;
(c) a female employee’s maternity leave or benefits, pregnancy or a reason connected with her pregnancy;
(d) an employee’s exercise of any of his or her organizational or associative rights as specified under this Code;
(e) an employee’s temporary absence from work because of sickness or injury, unless it occurs frequently and is found to be an abuse of sick leave provisions under this Code;
(e) an employee’s temporary absence from work because of sickness or injury, unless it occurs frequently and is found to be an abuse of sick leave provisions under this Code;
(f) the perception that the employee has or is carrying the HIV/AIDS unless the employee is engaged in work established as putting other persons at risk of contracting the HIV/AIDS or unless the inherent requirements of the job permit the removal of that employee to other duties;
(g) an employee’s absence from work due to compulsory military service, national service, public duty or other civic obligation in accordance with any enactment or practice in force;
(h) an employee’s exercise or proposed exercise of the right to remove himself or herself from a work situation which he or she reasonable believes presents an imminent or serious danger to life, health or safety;
(i) an employee’s participation, or proposed participation, in industrial action, including strikes;
(j) the filing of complaint or the participation in proceedings against an employer involving alleged violations of this Code;
(k) an employee’s refusal to do work usually performed by another employee or employees currently engaged in industrial action where that work does not form part of his or her contract of employment; or
(l) a conviction which is spent in accordance with the Criminal Records (Rehabilitation of Offenders) Act 2004, No 2.

(2) A dismissal on any grounds specified in subsection (1) constitutes unfair dismissal and entitles the employee to compensation in accordance with this Code.

For pregnancy and any other reason connected with pregnancy, see art. 285 LA (note that this section was slightly modified by 2011 Amendment)
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2017 Saudi Arabia Saudi Arabia No statutory provision on non-discrimination in the LL.
Maternity leave: sec. 155 LL
Note: dismissal during pregnancy is not prohibited. What is only prohibited is dismissal during illness resulting from pregnancy provided the absence of the worker does not exceed 180 days.
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2017 Sweden Sweden - Discrimination Act (2008:567): sec. 1 and 5 (cover the following discrimination grounds: sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age. Note: pregnancy is not mentioned as such, but has been interpreted as being included under sex-based discrimination).

- Trade Union Representatives (Status at the Workplace) Act (1974:358): sec. 4 (provides that a trade union representative shall not be subject to worse conditions of work or terms of employment as a result of his appointment).

Special leave
- Parental Leave Act (1995:584): sec.16 and sec. 17 (covers a prohibition of unfair treatment due to maternity and paternity leave; an employee may not be subject to ordinary or summary dismissal for reasons that have a connection to parental leave under this law).
- Employee’s Right to Educational Leave Act (1974:981): sec. 8 (provides that where notice of termination is given or summary dismissal is effected solely for the reason that the employee claims or exercises his right to educational leave, such measure shall, upon the application of the employee be declared invalid).
- Act (1978:410) regarding the right to leave to care for child, etc.: sec. 10 (provides that an employee may not be subject to
ordinary or summary dismissal for exercising its right to leave under this Act).
- Act (1997:1293) on right to leave to engage in an economic activity: sec. 8 (provides that an employee may not be subject
to ordinary or summary dismissal for exercising its right to leave under this Act).
- Act (2008:565) on right to leave due to sickness to try other work: sec. 11 (provides that an employee may not be subject
to ordinary or summary dismissal for exercising its right to leave under this Act).
- Act (1986:163) on right to leave due to Swedish language training for immigrants: sec. 6 (provides that an employee may
not be subject to ordinary or summary dismissal for exercising its right to leave under this Act).
- Act (1988:1465) on right to take leave to care for family members: sec.24 (provides that an employee may
not be subject to ordinary or summary dismissal for exercising its right to leave under this Act).
- Act (1998:163) on right to take leave for urgent family issues: sec. 1 and sec.3 (covers a right to leave due to urgent family
issues related to sickness or accident if the immediate presence is absolute necessary; an employee may
not be subject to ordinary or summary dismissal for exercising its right to leave under this Act).
- Act (1979:1184) on right to leave for certain union mission at educational institutions, etc.: sec. 7 (provides that an
employee may not be subject to ordinary or summary dismissal for exercising its right to leave under this Act).
- Act (1994:1809) concerning total defence service duties: ch. 9, sec.1 (compulsory military or civilian service; an employee
may not be subject to ordinary or summary dismissal for exercising its obligations under this Act).
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2017 United States United States Termination is unlawful if it is based on any of the following reasons:
* family leave (including birth/adoption of a child or serious illness of employee, or a spouse, child, or parent): The Family and Medical Leave Act provides for 12 weeks of unpaid, job-protected leave but limited to employers with 50 or more employees and to employees who have worked at least 1, 250 hours for the employer during the preceding 12-month period) (FMLA [sec. 102](a)(1)], 29 U.S.C. sec. 2612(a)(1) and [sec. 104 (1)(a)] 29 U.S.C. sec. 2614(a)(1)). The law also prohibits retaliation against employees who attempt to exercise their rights under the law ([sec. 102(1)(b)], 29 U.S.C. sec. 2615(a)(2)). However, the employer can still terminate employment while the employee is on leave for reasons not connected with the fact that the employee took family leave (i.e restructuring).

* union activity (or protected concerted activity): National Labour Relations Act (NLRA) [sec. 158(a)(3)] 29 U.S.C. sec. 158(a)(3).

* race, color, religion, national origin, or sex (including pregnancy, childbirth, or related medical conditions): Civil Rights Act of 1964 (Title VII) (CRA) [secs. 703 and 701(k)], 42 U.S.C. sec. 2000e-2. and 2000e(k).

* disability: Americans with Disabilities Act of 1990 (ADA) [sec. 102(a)] 42 U.S.C sec. 12112(a).

* age: Age Discrimination in Employment Act of 1967 (ADEA), [sec. 4], 29 U.S.C sec. 623(a) (1).

* raising health and safety concerns: The Occupational Health and Safety Act of 1970 (OSHA), has a provision that protects employees who report unsafe working conditions from termination by their employer: [sec. 11(c)(1)] 29 U.S.C sec. 660(c)(1).

* genetic information: Genetic Information Nondiscrimination Act (GINA) [sec. 202], 42 U.S.C sec. 2000ff.

* corporate whistle blowing: Sarbanes-Oxley Act of 2002 (SOX) protects an employee of any publicly traded company against retaliation from discharge as a result of reporting information or assisting in an investigation related to possible fraud by the employer where the employee has a reasonable belief that the employer has engaged in fraud or related misconduct: [sec. 806], 18 U.S.C sec. 1514A (a).

* jury service: The Jury System Improvements Act of 1978 (JSIA), 28 U.S.C sec. 1875, prohibits an employer from discharging any permanent employee by reason of the employee's jury service or scheduled attendance in connection with such service in any court of the United States.

* filing complaint against the employer: almost all of the discrimination statutes mentioned above have provisions prohibiting termination based on an employee's filing of or participation in a discrimination complaint proceeding. See NLRA [sec.8(a)(4)], 29 U.S.C sec. 158(a)(4); Title VII CRA [sec. 704], 42 U.S.C sec. 2000e-3; ADA [sec. 503(a)], 42 U.S.C sec. 12203(a); ADEA [sec. 4(d)], 29 U.S.C sec. 623(d). OSHA also has such a provision, discussed above, as does SOX, and the FMLA, also discussed above.


*New in 2014: Sexual orientation and gender identity- in the Executive Order 13672 of July 21, 2014
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2013 Ethiopia Ethiopia Art. 26 (2) LP. Africa Y
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2013 Syrian Arab Republic Syrian Arab Republic Article 67(a) LL. Arab States Y
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2013 United Arab Emirates United Arab Emirates n particular, a termination
shall be regarded as arbitrary if it is prompted by a formal complaint filed by the
worker with the competent authorities or a legal action instituted against the
employer that proved to be valid.
Arab States Y
2013 Yemen Yemen 1) Specific prohibitions of dismissal:
* Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows:
- during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave];
- during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal;
- during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter.
* Art. 142 LC prohibits dismissal in the course of settlement of proceedings.
* Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike.
* Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities.
2) Non-discrimination:
* Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.
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2020 Ghana Ghana Art. 63 LA. Africa Y
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2020 Montenegro Montenegro Article 7 forbids direct and indirect discrimination against jobseekers, as well as employees, on the grounds of race, color, nationality, social or ethnic origin, affiliation with a minority nation or minority national community, language, religion or belief, political or otherwise, is prohibited. opinion, gender, gender reassignment, gender identity, sexual orientation, health status, disability, age, property status, marital or family status, pregnancy, belonging to a group or presumption of belonging to a group, political party, trade union or other organization, or any other personal property.

Article 9 (5) provides that the protection against discrimination provided by article 7 applies in case of termination of employment.

Article 173 provides reasons that might not be considered valid grounds for dismissals: 1) refusal of the employee to accept the offer of the annex to the contract referred to in Article 47, paragraph 1, item 6 of this Law; 2) temporary incapacity for work due to illness, injury at work or occupational disease; 3) use of leave due to maintenance of pregnancy, maternity, parental, adoptive and foster leave and leave from work for the purpose of child care and special child care; 4) membership in a political organization, trade union, diversity according to the personal characteristics of the employee (gender, language, nationality, social origin, religion, political or other belief or some other personal characteristics of the employee); 5) acting in the capacity of employee representatives in accordance with the law; 6) addressing the employee to the trade union or bodies responsible for the protection of employment rights in accordance with the law and the employment contract; 7) addressing the employee to the competent state authorities due to a justified suspicion of corruption or filing a report on that suspicion in good faith; 8) addressing or pointing out the employee to the employer or the competent state authorities on endangering the environment in connection with the employer's business.
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2020 Nigeria Nigeria - Sec. 9 (6) b) LA prohibits the dismissal of worker
"(i) by reason of trade union membership, or
(ii) because of trade union activities outside working hours or, with the consent of the employer, within working hours, or
(iii) by reason of the fact that he has lost or been deprived of membership of a trade union or has refused or been unable to become, or for any other reason is not, a member of a trade union."
- Sec. 54(4) LA prohibits the employer from giving a notice of dismissal to a woman during her maternity leave (6 weeks before the delivery of the child and 6 weeks after). This prohibition also apply to a women who is absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work.


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2010 Iran, Islamic Republic of Iran, Islamic Republic of See sec. 6 LC on the general prohibition of discrimination: "Iranians, whatever their tribe or ethnic group, enjoy the same rights; skin colour, race, language and the like do not constitute any privilege or distinction; all individuals, whether men or women, are entitled to the same protection of the law" Asia Y
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2012 Viet Nam Viet Nam Prohibited grounds for dismissal: art. 39 and 111 LC.

See also:
- the general prohibition of discrimination in employment based on sex, race, social class, belief or religion (art. 5 LC).
- the prohibition of discriminatory treatment towards a worker who joins a trade union. (art. 1, 2) of the Trade Union law, 1990)

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