Art. 23(4) LC.

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.

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.

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.

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.

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."

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."

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."

- 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).

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.

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).

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.

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).

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.

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.

Art. 115 LC

Art. 113 LC

Art. 113 LC

Art. 113 LC

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."

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)"

Art. 71 (3) and Art. 76 LC

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)

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)

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)

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.

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

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

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 art. 25 al.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.

Art 19 (a) EA. If the employee is guilty of serious misconduct.
The art 26 al.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.

Art 19 (a) EA. If the employee is guilty of serious misconduct.
The art 26 al.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.

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.

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

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

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

Art. 65 LC

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).

Sec. 74 LC.

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.

Art. 34 (1) LC

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.

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)

No such obligation expressly provided in the LC.

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).

* 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)

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

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

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.

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.

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.

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.

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

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.

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.

Article 48 of the Labour Code.

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.

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.

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.

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).

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.

* 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

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.

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.

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.

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.

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.

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.)

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.)

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.)

Sec. 50 (4) LC

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.

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.

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.

- 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".

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.

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.

No express obligation to provide reasons for dismissing an employee.

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).

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).

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).

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.

*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.

*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.

*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.

Art. 95(2) ECA.

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).

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).

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).

Art. 34 (1) LP.

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).

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).

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).

Sec. 2 & 3, chap. 9, ECA.

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.

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

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.

- 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.

Art. 50 LC.

Sec. 1 PADA

Sec. 1 (2) PADA:
Dismissal shall be socially justified by reasons relating to the employee's person or conduct or compelling operational requirements.

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".

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".

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".

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".

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)).

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.

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.

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.

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.

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.

Sec. 66(1) LC provides that "employers are required to justify their dismissals". However, there are various exceptions to this principle.

•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)).

•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)).

•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)).

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

•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).

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.

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.

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).

Art. 53 of the Labour Code

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. (...)

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. (...)

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. (...)

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)."

Art. 23 (1) LSA: "No employer shall dismiss, lay off (..) a worker without justifiable reasons".
Art. 24 (1) LSA (dismissal for managerial reasons).

Art. 83 and 85 LC

Art. 83 LC

Art. 83 LC

Art. 83 LC

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.

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.

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.

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.

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. (...)

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.

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.

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.

Art. 21 LC.

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".)

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.

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".

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".

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".

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; (...)"

Art. 47 FLA.

•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.

•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.

•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.

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).

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.

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.

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.

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)

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.

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.

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.

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.

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.

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.

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.

* 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).

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.

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.

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.

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.

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.

Sec. 30(3) LA: the reasons for termination must be indicated in the written notice of termination.

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."

Art. 7:676 (2), 7:671a (6) CC.

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.

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).

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.

The Labour Code does not have any provision determining that the employer should provide justification or previous notification to the worker concerning the dismissal.

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.

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).

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]

No statutory obligation to inform the worker of the grounds of termination.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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).

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).

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).

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.

•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".

•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".

•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".

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.

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.

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.

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.

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)

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.

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.

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.

- 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.

- 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.

- 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.

Article 81 of the Labour Code

Article 81 of the Labour Code

Article 81 of the Labour Code

Article 81 of the Labour Code

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.

•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.

Sec. 75 LL: the contract can be terminated by either party for a valid reason to be specified in a written notice.

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).

Art. L50 LC

- 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).

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

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.

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.

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.

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).

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".

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)

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)

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)

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).

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.

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.

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.

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")

"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).

Art. 53(1)a): written notification of dismissal stating the reasons.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

Article 41(3)(a) ELRA provides that a notice of termination shall be in writing, stating the reasons for termination.

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.

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))

Art. 14ter LC.

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.

Art. 40 and art. 44 LC

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.

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.

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.

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.

* 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.

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.

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.

Art.47

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)

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)

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)

Upon dismissal, the employer is not required inform the employees of the reasons for dismissal.

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).

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.

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.

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.

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.

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.

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.

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.

•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.(...)"

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.

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."

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."

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."

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).

- 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".

- 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".

- 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".

There is no general obligation to inform the employee of the reasons of his or her dismissal.
Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.