In addition to the establishment of prohibited grounds for dismissal, numerous countries extend special protection to specific groups of workers, such as workers’ representatives or pregnant women, in order to protect them against retaliation or discrimination. For instance, in the case of workers’ representatives, there may be provisions in the law that require that the employer consults or gets approval from an independent or bipartite body prior to dismissal.

Show data for

Over 80% of EPLex countries have special protections for pregnant women or women on maternity leave

  • Special protection for pregnant women or women on maternity leave
  • No special protection
  • No data

Worker categories enjoying special protections

Year(s) Country Region pregnant women and/or women on maternity leave pregnant women and/or women on maternity leave Remark workers with family responsibilities workers with family responsibilities Remark workers' representatives workers' representatives Remark confirmed injured workers confirmed injured workers Remark older workers/workers on the verge of retirement older workers/workers on the verge of retirement Remark workers with disabilities workers with disabilities Remark workers performing military/alternative service workers performing military/alternative service Remark workers on temporary leave following an occupational disease or a work injury workers on temporary leave following an occupational disease or a work injury Remark workers holding an elected position or discharging a public function workers holding an elected position or discharging a public function Remark war veterans war veterans Remark national employees national employees Remark workers with a long period of service workers with a long period of service Remark minors minors Remark no protected groups no protected groups Remark
2013 Afghanistan Asia Y
Y Art. 28 LC prohibits any transfer or termination of employment during any paid leave period unless the undertaking has been dissolved. This means that dismissal is not permitted during maternity leave (90 days).
However this protection does not cover the entire pregnancy period.
N N N N N N N N N N N N N N N N N N N N N N N N N N
2013 Ethiopia Africa Y
Y Art. 87 (5) LP: Prohibition to dismiss women workers during pregnancy and maternity leave (up 4 months after childbirth) except in case of serious misconduct (summary dismissal) and as a "last resort" in case of economic dismissal. N N N N N N N N N N N N N N N N N N N N N N N N N N
2013 Ghana Africa N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y
2013 Nigeria Africa Y
Y Sec. 54(4) LA prohibits the employer from giving a notice of dismissal to a woman during her maternity leave (6 weeks before the delivery of the child and 6 weeks after). This prohibition also apply to a women who is absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work.
N N N N N N N N N N N N N N N N N N N N N N N N N N
2013 Philippines Asia Y
Y Art. 137 (2) LC: It is prohibited to dismiss a woman while on leave or in confinement due to her pregnancy.
There is no general prohibition to dismiss a woman during her pregnancy, however pregnancy shall not be a ground for dismissal.
N N N N N N N N N N N N N N N N N N N N N N N N N N
2013 Sri Lanka Asia Y
Y Sec. 10 MBO: "When a woman worker absents herself from work in accordance with the provisions of this Ordinance (= maternity leave), it shall not be lawful for her employer to give her notice of dismissal during such absence or on such a day that the notice will expire during such absence."
No specific protection for pregnant women and trade union members other than the prohibition to dismiss them only for reasons of pregnancy or trade union membership or activities (see prohibited grounds).
N N N N N N N N N N N N N N N N N N N N N N N N N N
2013 Syrian Arab Republic Arab States Y
Y Art. 57(a) LL provides that "no notice of termination shall be served upon female workers while on maternity leave, or upon workers while on leave. The notice period shall be calculated starting the day after the end of the leave or maternity leave."
See also article 122 LL: No employer may dismiss a female worker or terminate her contract while on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N N N N N
2013 United Arab Emirates Arab States N N N N N N N N N N N N N N Y
Y - UAE national employees:
National employee account for a tiny proportion of the workforce in the private sector. [Some sources refer to 0.3%, (see:http://www.uaeinteract.com/docs/Emiratis_in_private_sector_make_0.3_percent_of_workforce/36439.htm) other to 7 % (see: http://story.arabherald.com/index.php/ct/9/cid/-e3942fd745a4fbc9/id/45389170/)]
Article 1 of the Decision 176 states that dismissal of a UAE national employee will be regarded as "illegal" (literally "without legal ground") in one of the following four circumstances:
On February 2009, a Ministerial Resolution No 176 restricting the conditions for dismissing a UAE national employees was adopted. This decision provides that the dismissal of a UAE national is unlawful in one of the following 4 circumstances:
1) where the UAE employee is dismissed for reasons other than those mentioned in Article 120 of the FLLR (i.e for reasons other those allowing for summary dismissal);
2) if it is proven that the employer retains a non-UAE national who is performing work similar to that performed by the dismissed UAE national;
3) the employer failed to inform the Ministry of Labour 30 days prior to the dismissal, or failed to comply with the Ministry's instructions within the designated times; and
4) if it is proven that the UAE employee was not paid the full compensation due to him and the payment of his full retirement benefits as specified in the Federal Law on Labour Relations, its implementing regulations, the contract of employment or any other contractually binding document.
Art. 3 of that Decision sets out the consequence of a violation of the Decision as follows: if the Ministry of Labour considers that the termination of the UAE national was unlawful it will inform the employer as which will then have 15 days to resolve the dispute with the UAE employee according to the directives of the Ministry. If the employer fails to resolve the dispute within this period, the matter is referred immediately to the relevant court and the Ministry will put stop issuing new labour permits (requested by the employer) until the court renders a final judgment in the matter.
(Note that the Ministerial Decision No. 176/2009 is not available in English but is summarized in Hadef and Partner, "Employment of UAE Nationals", 31 May 2009. The link to this article is provided below under "Scope of additional information")

- Workers on temporary sick leave:
The FFLR prohibits the dismissal of a worker on the ground that he or she is medically unfit to work before the worker exhausts all the periods of leave to which he entitled under the law (art. 124). Furthermore, an employer shall not dismiss a worker or serve a notice of dismissal while the worker is on annual leave or sick leave except in circumstances entailing summary dismissal (art. 90 FLLR).
N N N N Y
Y - UAE national employees:
National employee account for a tiny proportion of the workforce in the private sector. [Some sources refer to 0.3%, (see:http://www.uaeinteract.com/docs/Emiratis_in_private_sector_make_0.3_percent_of_workforce/36439.htm) other to 7 % (see: http://story.arabherald.com/index.php/ct/9/cid/-e3942fd745a4fbc9/id/45389170/)]
Article 1 of the Decision 176 states that dismissal of a UAE national employee will be regarded as "illegal" (literally "without legal ground") in one of the following four circumstances:
On February 2009, a Ministerial Resolution No 176 restricting the conditions for dismissing a UAE national employees was adopted. This decision provides that the dismissal of a UAE national is unlawful in one of the following 4 circumstances:
1) where the UAE employee is dismissed for reasons other than those mentioned in Article 120 of the FLLR (i.e for reasons other those allowing for summary dismissal);
2) if it is proven that the employer retains a non-UAE national who is performing work similar to that performed by the dismissed UAE national;
3) the employer failed to inform the Ministry of Labour 30 days prior to the dismissal, or failed to comply with the Ministry's instructions within the designated times; and
4) if it is proven that the UAE employee was not paid the full compensation due to him and the payment of his full retirement benefits as specified in the Federal Law on Labour Relations, its implementing regulations, the contract of employment or any other contractually binding document.
Art. 3 of that Decision sets out the consequence of a violation of the Decision as follows: if the Ministry of Labour considers that the termination of the UAE national was unlawful it will inform the employer as which will then have 15 days to resolve the dispute with the UAE employee according to the directives of the Ministry. If the employer fails to resolve the dispute within this period, the matter is referred immediately to the relevant court and the Ministry will put stop issuing new labour permits (requested by the employer) until the court renders a final judgment in the matter.
(Note that the Ministerial Decision No. 176/2009 is not available in English but is summarized in Hadef and Partner, "Employment of UAE Nationals", 31 May 2009. The link to this article is provided below under "Scope of additional information")

- Workers on temporary sick leave:
The FFLR prohibits the dismissal of a worker on the ground that he or she is medically unfit to work before the worker exhausts all the periods of leave to which he entitled under the law (art. 124). Furthermore, an employer shall not dismiss a worker or serve a notice of dismissal while the worker is on annual leave or sick leave except in circumstances entailing summary dismissal (art. 90 FLLR).
N N N N N N
2013 Yemen Arab States Y
Y Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
* This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
* The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).
N N N N N N N N N N N N Y
Y Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
* This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
* The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).
N N N N N N N N N N N N
2019 Algeria Africa N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y No statutory provision found in the legislation reviewed.
2019 Australia Asia N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y No statutory provisions providing for special protection found in the legislation reviewed.
2019 Azerbaijan Europe Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
N N N N N N Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
N N N N N N N N N N Y
Y Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Art. 77 LC provides protections for workers performing military/alternative service.
N N
2019 Belgium Europe Y
Y * Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.
N N Y
Y * Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.
N N N N N N N N N N Y
Y * Pregnant women: prohibition of dismissal (art. 40 LA).
* Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

* Prevention advisers
The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

*Other categories of workers who benefit from special protection against termination of employment, see list:
http://www.emploi.belgique.be/defaultTab.aspx?id=42149

- protection en faveur du père qui fait usage de son congé de paternité
- protection en faveur du parent adoptif
- protection en faveur du médecin du travail
- protection en faveur de certains mandataires politiques
- protection en faveur du travailleur qui a obtenu un crédit-temps
- protection en faveur du travailleur qui a obtenu une interruption de carrière
- protection en faveur du travailleur qui a obtenu un congé éducation-payé
- protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
- protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.
N N N N N N N N N N
2019 Brazil Americas Y
Y - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).
N N Y
Y - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).
N N N N N N N N Y
Y - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
- The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
- Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
(art. 10(IIa) Constitution, Transitional Provisions).
- Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).
N N N N N N N N N N N N
2019 Bulgaria Europe Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
Y
Y Art. 333 (1), (3), (5), (6) LC
* Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

* Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

*Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).
N N N N N N N N N N N N N N N N N N N N
2019 Burkina Faso Africa Y
Y Art. 314 LC
Art. 147 LC: prohibition to dismiss women on maternity leave.
N N Y
Y Art. 314 LC
Art. 147 LC: prohibition to dismiss women on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N
2019 Cameroon Africa Y
Y Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.

Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.
N N Y
Y Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.

Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.
N N N N N N N N N N N N N N N N N N N N N N
2019 Central African Republic Africa Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
N N Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
N N N N N N Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
Y
Y Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
Art. 253 LC: An employee on maternity leave cannot be dismissed.

The LC provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.
N N N N N N N N N N
2019 Comoros Africa Y
Y - Workers' representatives: article 203 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal. [New in June 2012: the article number has changed in the new LC (former art. 183, now art. 203), and the new LC introduced new provisions: the new LC provides that the court's decision must be made within a period of one month].
- Women on maternity leave: article 125 of the Labour Code: no worker can be dismissed during maternity leave.
- In addition, the LC establishes a special protection against dismissal for widows: article 125 (former art. 121) of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.
N N Y
Y - Workers' representatives: article 203 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal. [New in June 2012: the article number has changed in the new LC (former art. 183, now art. 203), and the new LC introduced new provisions: the new LC provides that the court's decision must be made within a period of one month].
- Women on maternity leave: article 125 of the Labour Code: no worker can be dismissed during maternity leave.
- In addition, the LC establishes a special protection against dismissal for widows: article 125 (former art. 121) of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.
N N N N N N N N N N N N N N N N N N N N N N
2019 Congo, Democratic Republic Africa Y
Y - Workers' representatives:
Mandatory approval by the Labour Inspector is required for any dismissal of a workers' representative ( full or alternate member): see Art. 258 LC.
In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

- Pregnant women /women on maternity leave: no special protection for pregnant women during the entire period of pregnancy (other than the prohibition of dismissal on the ground of pregnancy). However, dismissal is "per se" prohibited during maternity leave: Art. 130 LC.
N N Y
Y - Workers' representatives:
Mandatory approval by the Labour Inspector is required for any dismissal of a workers' representative ( full or alternate member): see Art. 258 LC.
In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

- Pregnant women /women on maternity leave: no special protection for pregnant women during the entire period of pregnancy (other than the prohibition of dismissal on the ground of pregnancy). However, dismissal is "per se" prohibited during maternity leave: Art. 130 LC.
N N N N N N N N N N N N N N N N N N N N N N
2019 Côte d'Ivoire Africa Y
Y Art. 61.8 LC : Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un délégué du personnel.
Art. 51.8 LC: Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un travailleur membre du bureau d'un syndicat professionnel.
Art. 23.4 LC: Interdiction pour l'employeur de résilier le contrat de travail d'une salariée enceinte ou en congé de maternité
______________
In English:
Art. 61.8 LC : prior authorization from the Labour Inspector required for the dismissal of worker's representatives.
Art. 51.8 LC: prior authorization from the Labour Inspector required for the dismissal of trade union representatives.
Art. 23.4 LC: prohibition to dismiss pregnant women and women on maternity leave.
N N Y
Y Art. 61.8 LC : Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un délégué du personnel.
Art. 51.8 LC: Autorisation préalable de l'inspecteur du travail requise pour le licenciement d'un travailleur membre du bureau d'un syndicat professionnel.
Art. 23.4 LC: Interdiction pour l'employeur de résilier le contrat de travail d'une salariée enceinte ou en congé de maternité
______________
In English:
Art. 61.8 LC : prior authorization from the Labour Inspector required for the dismissal of worker's representatives.
Art. 51.8 LC: prior authorization from the Labour Inspector required for the dismissal of trade union representatives.
Art. 23.4 LC: prohibition to dismiss pregnant women and women on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N
2019 Finland Europe Y
Y * Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.
Y
Y * Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.
Y
Y * Workers' representatives:
Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

* Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.
N N N N N N N N N N N N N N N N N N N N N N
2019 Gabon Africa Y
Y Art. 294 and Art. 170 LC. N N Y
Y Art. 294 and Art. 170 LC. N N N N N N N N N N N N N N N N N N N N N N
2019 Greece Europe Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N N N N N Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N N N Y
Y The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
N N N N N N N N
2019 Hungary Europe Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
N N N N N N Y
Y •The LC prohibits the dismissal of specific groups of workers (during pregnancy; during maternity or parental leave, during reserve military service, during the first six month of treatment related to human reproduction procedure) (LC, sec. 63(3)).

•The LC does not completely exclude but restricts the opportunity of the employer to dismiss other specific groups of workers,
-by restricting the valid grounds or requiring the employer to offer another, adequate job before the dismissal, if possible (e.g. in case of workers with family responsibilities, workers with disabilities, elderly workers – LC, sec. 66(4)-(7))
-by extending the period of notice (in case of sick employees or workers taking care of sick/disabled children or other relatives – LC, sec. 68(2))
-by requiring a consent of the supreme body of workers’ representatives to the validity of the dismissal of specific workers’ representatives (LC, sec. 260(3), 273; Act XCIII of 1993 on Labour Safety, sec. 76(3)).

•Workers are protected against discriminatory dismissals on a set of protected characteristics including e.g. pregnancy, national or ethnic origin, colour, race, religion, political opinion, disability, health condition, social situation, adherence to trade union, part-time or fixed-term job (LC, sec. 12, ETA Act, sec. 8).
N N N N N N N N N N N N N N
2019 India Asia Y
Y Schedule Five of the IDA
Art. 12 of the Maternity Benefit Act
N N Y
Y Schedule Five of the IDA
Art. 12 of the Maternity Benefit Act
N N N N N N N N N N N N N N N N N N N N N N
2019 Indonesia Asia Y
Y See: art. 153 c), g), j) and 172 MA. N N N N Y
Y See: art. 153 c), g), j) and 172 MA. N N N N N N N N N N N N N N N N N N N N
2019 Jordan Arab States Y
Y Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.
Art. 97 (B) LL: "The employer shall not make the recruiting of the employee subject to the condition of his/her not joining the trade union, or waiving his/her membership in it, and the employer may not ask the employee to be disengaged from any association, the employer may not prejudice any of the employee's rights because of his/her membership in any association or contributing in its activities beyond the working hours."

The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that: "Employers are prohibited from employing any worker on condition that he is not part of a trade union, relinquishing membership in it, work to dismiss him from any trade union, undermine any of his rights because of trade union membership or contributing to its activities outside working hours. Employers are prohibited from taking any action against the trade union representative because of practicing union activities, including dismissal from work. If the employer takes such action, the labour inspector shall issue a warning on the need to correct the violation within a period not to exceed seven days from the warning. If the violation persists, the labour inspector shall write a report and refer the matter to the competent court. The worker may also claim damages caused because of the action taken against him. If he is dismissed from work, the court may issue a decision to reinstate him along with the payment of full remuneration for the period he was dismissed from work. If the worker is unable to return to work for reasons related to the employer, he may claim additional compensation ranging between 6 and 12 months of remuneration, in addition to compensation for arbitrary dismissal and any other rights due."
N N Y
Y Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.
Art. 97 (B) LL: "The employer shall not make the recruiting of the employee subject to the condition of his/her not joining the trade union, or waiving his/her membership in it, and the employer may not ask the employee to be disengaged from any association, the employer may not prejudice any of the employee's rights because of his/her membership in any association or contributing in its activities beyond the working hours."

The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that: "Employers are prohibited from employing any worker on condition that he is not part of a trade union, relinquishing membership in it, work to dismiss him from any trade union, undermine any of his rights because of trade union membership or contributing to its activities outside working hours. Employers are prohibited from taking any action against the trade union representative because of practicing union activities, including dismissal from work. If the employer takes such action, the labour inspector shall issue a warning on the need to correct the violation within a period not to exceed seven days from the warning. If the violation persists, the labour inspector shall write a report and refer the matter to the competent court. The worker may also claim damages caused because of the action taken against him. If he is dismissed from work, the court may issue a decision to reinstate him along with the payment of full remuneration for the period he was dismissed from work. If the worker is unable to return to work for reasons related to the employer, he may claim additional compensation ranging between 6 and 12 months of remuneration, in addition to compensation for arbitrary dismissal and any other rights due."
N N N N N N Y
Y Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.
Art. 97 (B) LL: "The employer shall not make the recruiting of the employee subject to the condition of his/her not joining the trade union, or waiving his/her membership in it, and the employer may not ask the employee to be disengaged from any association, the employer may not prejudice any of the employee's rights because of his/her membership in any association or contributing in its activities beyond the working hours."

The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that: "Employers are prohibited from employing any worker on condition that he is not part of a trade union, relinquishing membership in it, work to dismiss him from any trade union, undermine any of his rights because of trade union membership or contributing to its activities outside working hours. Employers are prohibited from taking any action against the trade union representative because of practicing union activities, including dismissal from work. If the employer takes such action, the labour inspector shall issue a warning on the need to correct the violation within a period not to exceed seven days from the warning. If the violation persists, the labour inspector shall write a report and refer the matter to the competent court. The worker may also claim damages caused because of the action taken against him. If he is dismissed from work, the court may issue a decision to reinstate him along with the payment of full remuneration for the period he was dismissed from work. If the worker is unable to return to work for reasons related to the employer, he may claim additional compensation ranging between 6 and 12 months of remuneration, in addition to compensation for arbitrary dismissal and any other rights due."
N N N N N N N N N N N N N N
2019 Kazakhstan Europe Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
N N N N Y
Y Art. 52 of the Labour Code on the grounds for termination of employment
Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
Art. 6 of the Labour Code on prohibition of discrimination
Art. 175 of the Labour Code on the right to strike
N N N N N N N N N N N N N N N N
2019 Korea, Republic of Asia Y
Y Art. 23 (2) LSA: No employer shall dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter, and any female worker during a period of temporary interruption of work before and after childbirth and within 30 days thereafter. This does not apply in the event of payment of the statutory compensation following an occupational injury or disease or in the event of business closure. N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Kyrgyzstan Europe Y
Y Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
Y
Y Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
Y
Y Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
N N N N N N N N N N N N N N N N N N N N N N
2019 Lesotho Africa Y
Y - Women on maternity leave: Art. 136 LC provides that any dismissal of any employee that takes effect during her statutory maternity leave shall automatically be an unfair dismissal; and where a female employee is absent from work due to confinement or illness related to pregnancy, or remains absent from work for a longer period as a result of an illness which a medical officer or a registered nurse or midwife has certified in writing to arise in his or her opinion out of the employee's pregnancy or confinement and to render her unfit to return to work, no employer shall, during the period of her absence from work, give notice to dismiss her or terminate her contract of employment.

- Worker's representatives, see Codes of good practices Art. 11 (8) : specific discipline procedure (mandatory consultation with the trade union).
N N Y
Y - Women on maternity leave: Art. 136 LC provides that any dismissal of any employee that takes effect during her statutory maternity leave shall automatically be an unfair dismissal; and where a female employee is absent from work due to confinement or illness related to pregnancy, or remains absent from work for a longer period as a result of an illness which a medical officer or a registered nurse or midwife has certified in writing to arise in his or her opinion out of the employee's pregnancy or confinement and to render her unfit to return to work, no employer shall, during the period of her absence from work, give notice to dismiss her or terminate her contract of employment.

- Worker's representatives, see Codes of good practices Art. 11 (8) : specific discipline procedure (mandatory consultation with the trade union).
N N N N N N N N N N N N N N N N N N N N N N
2019 Luxembourg Europe Y
Y * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
* Workers' representatives: prohibition of dismissal: art. L 415-10 and 415-11 LC.
___________
* Femmes enceintes / femmes en congé de maternité : interdiction de licenciement : art. L 337-1 LC.
* Représentants des travailleurs : interdiction de licenciement :
art. L 415-10 et 415-11 LC.
N N Y
Y * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
* Workers' representatives: prohibition of dismissal: art. L 415-10 and 415-11 LC.
___________
* Femmes enceintes / femmes en congé de maternité : interdiction de licenciement : art. L 337-1 LC.
* Représentants des travailleurs : interdiction de licenciement :
art. L 415-10 et 415-11 LC.
N N N N N N N N N N N N N N N N N N N N N N
2019 Madagascar Africa Y
Y - Any dismissal of a workers' representative, a trade union officer or a member of the works council is subject to the authorization of the Labour Inspector (see Arts. 152, 156 and 165 LC).
- As a general rule, pregnant women cannot be dismissed during pregnancy. However dismissal is possible if the pregnant employee commits malpractice which is not connected to her pregnancy: Art. 95 LC.
- Dismissal is prohibited during maternity leave: Art. 97 LC.
N N Y
Y - Any dismissal of a workers' representative, a trade union officer or a member of the works council is subject to the authorization of the Labour Inspector (see Arts. 152, 156 and 165 LC).
- As a general rule, pregnant women cannot be dismissed during pregnancy. However dismissal is possible if the pregnant employee commits malpractice which is not connected to her pregnancy: Art. 95 LC.
- Dismissal is prohibited during maternity leave: Art. 97 LC.
N N N N N N N N N N N N N N N N N N N N N N
2019 Malawi Africa N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y
2019 Morocco Africa Y
Y Art. 58 LC: Severance pay is doubled for workers' representatives.
Art. 457 LC: Approval by the labour administration is required in case of a disciplinary dismissal of a workers' representative.
Art. 159 LC: Prohibition to dismiss women during pregnancy and women on maternity leave.
N N Y
Y Art. 58 LC: Severance pay is doubled for workers' representatives.
Art. 457 LC: Approval by the labour administration is required in case of a disciplinary dismissal of a workers' representative.
Art. 159 LC: Prohibition to dismiss women during pregnancy and women on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N
2019 Namibia Africa Y
Y See sec. 26(5) LA: An employer must not dismiss an employee during her maternity leave or at the expiry of that leave on:
- economic grounds (as listed in sec. 34 on collective dismissal)
- any grounds arising from her pregnancy, delivery, or her resulting family status or responsibility.
The prohibition does not apply if the employer has offered the employee comparable alternative employment; and she has unreasonably refused to accept that offer.
N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Netherlands Europe Y
Y An employer is prohibited from giving notice:
1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (Art.7:670 (2) CC);
2) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
3) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.
N N Y
Y An employer is prohibited from giving notice:
1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (Art.7:670 (2) CC);
2) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
3) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.
N N N N N N Y
Y An employer is prohibited from giving notice:
1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (Art.7:670 (2) CC);
2) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
3) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.
N N N N N N N N N N N N N N
2019 New Zealand Asia Y
Y As already stated, dismissal is prohibited on grounds of pregnancy and of a woman's state of health during pregnancy, and on grounds that a male or female employee intends to take parental leave or to assume the care of a child with a view of adoption. However, the employer is allowed to dismiss an employee for a substantial reason which is not related to the above-mentioned grounds.

There is a special protection against dismissal of a male or a female employee during parental leave and during 26 weeks thereafter: it is prohibited for the employer to dismiss them. However, this prohibition is not absolute: the dismissal will be lawful if the employer proves that he/she terminated the employee's employment on account of a redundancy situation of such nature that there was no prospect of the employer being able to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's parental leave.
(See sec. 49-52 of the Parental Leave and Employment Protection Act 1987)
Y
Y As already stated, dismissal is prohibited on grounds of pregnancy and of a woman's state of health during pregnancy, and on grounds that a male or female employee intends to take parental leave or to assume the care of a child with a view of adoption. However, the employer is allowed to dismiss an employee for a substantial reason which is not related to the above-mentioned grounds.

There is a special protection against dismissal of a male or a female employee during parental leave and during 26 weeks thereafter: it is prohibited for the employer to dismiss them. However, this prohibition is not absolute: the dismissal will be lawful if the employer proves that he/she terminated the employee's employment on account of a redundancy situation of such nature that there was no prospect of the employer being able to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's parental leave.
(See sec. 49-52 of the Parental Leave and Employment Protection Act 1987)
N N N N N N N N N N N N N N N N N N N N N N N N
2019 Niger Africa Y
Y * Workers' representatives: Art. 227-228 new LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
New in Sept. 2012:
The LC introduced new provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
In addition, the new law establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
Article 228 LC: Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
* See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

* Pregnant women and women on maternity leave: No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Article 111 LC.
Prohibition of dismissal during pregnancy is included under Article 78 LC (last point).
N N Y
Y * Workers' representatives: Art. 227-228 new LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
New in Sept. 2012:
The LC introduced new provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
In addition, the new law establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
Article 228 LC: Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
* See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

* Pregnant women and women on maternity leave: No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Article 111 LC.
Prohibition of dismissal during pregnancy is included under Article 78 LC (last point).
N N N N N N N N N N N N N N N N N N N N N N
2019 Norway Europe Y
Y No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).
Y
Y No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).
N N N N N N N N N N N N N N N N N N N N N N N N
2019 Peru Americas Y
Y - There is no specific protection for trade union members or worker's representatives other than the prohibition of dismissing them on the grounds of their affiliation or activities or on the grounds of their candidature, status or former status as a workers' representative. As already mentioned under "prohibited grounds", any dismissal on those grounds will be null. (art. 29 a),b),c) LPCL)

- With regards to pregnancy, delivery and its consequences or breastfeeding any dismissal based on the pregnancy is null if it takes place at any time during pregnancy or 90 days delivery. Additional protection consists in a presumption that the dismissal is grounded on the pregnancy if the employer is unable to prove any other valid reason for the dismissal. Dismissal of a pregnant woman for a valid reason is therefore permitted (art. 29 e) LPCL).
N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Russian Federation Europe Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

N N N N N N N N N N N N N N N N N N Y
Y Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.

N N
2019 Rwanda Africa Y
Y - Women on maternity leave:
Prohibition to dismiss a woman during maternity leave (art. 61 LL)

- Workers' representatives:
In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to the payment of damages up to a maximum of 9 months' pay (instead of 6 months' pay).

- Injured workers declared unfit to work:
Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident, unless declared as unfit to work by a doctor.
N N Y
Y - Women on maternity leave:
Prohibition to dismiss a woman during maternity leave (art. 61 LL)

- Workers' representatives:
In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to the payment of damages up to a maximum of 9 months' pay (instead of 6 months' pay).

- Injured workers declared unfit to work:
Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident, unless declared as unfit to work by a doctor.
Y
Y - Women on maternity leave:
Prohibition to dismiss a woman during maternity leave (art. 61 LL)

- Workers' representatives:
In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to the payment of damages up to a maximum of 9 months' pay (instead of 6 months' pay).

- Injured workers declared unfit to work:
Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident, unless declared as unfit to work by a doctor.
N N N N N N N N N N N N N N N N N N N N
2019 Senegal Africa Y
Y Art. L214-217 LC: mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specific remedies for wrongful dismissal.
Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
N N Y
Y Art. L214-217 LC: mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specific remedies for wrongful dismissal.
Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
N N N N N N N N N N N N N N N N N N N N N N
2019 Singapore Asia Y
Y See sec. 81, 84 and 84A EA. N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 South Africa Africa N N N N Y
Y Protection only applicable to disciplinary dismissals:
According to sec. 4(2) of the Code of Good Practice, disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the trade union.
N N N N N N N N N N N N N N N N N N N N N N
2019 Spain Europe N N N N Y
Y 1) Workers' and trade union representatives:
- According to art. 55(1) ET if the worker is a workers' legal representative or a trade union representative, there will be formal adversarial procedures during which the worker and other members of the union to which he or she belongs, may be heard. If the worker is a member of a trade union and the employer is aware of this fact, representatives of the corresponding trade union must be heard in advance.
- In addition, in the event of unfair dismissal of a workers' representative, it is up to that employee to decide whether he or she wants to be reinstated or receive compensation, as opposed to the general rule according to which the choice is made by the employer (art. 56(4) ET).
- Lastly, in the event of collective dismissal, the workers' representatives have priority for remaining in the enterprise (art. 51(5) ET).

2) Royal Decree-Law 3/2012 has introduced the possibility to establish other priority rules through collective agreements, in order to protect people with family responsibilities, people with disabilities or people above certain age in case of collective dismissal (art. 51(5) ET).
N N N N N N N N N N N N N N N N N N N N N N
2019 Switzerland Europe Y
Y *No dismissal of pregnant women and women on maternity leave: art. 336c (1) c) CO
* Workers with an important length of tenure: higher protection with respect to severance allowance: art. 339b CO.
* Workers' representatives: constitutes an abusive termination the dismissal of an employee during the exercise of a mandate as employees' representative unless the employer demonstrates a justified motive for dismissal: art. 336 (2) b) CO.
N N Y
Y *No dismissal of pregnant women and women on maternity leave: art. 336c (1) c) CO
* Workers with an important length of tenure: higher protection with respect to severance allowance: art. 339b CO.
* Workers' representatives: constitutes an abusive termination the dismissal of an employee during the exercise of a mandate as employees' representative unless the employer demonstrates a justified motive for dismissal: art. 336 (2) b) CO.
N N N N N N N N N N N N N N N N Y
Y *No dismissal of pregnant women and women on maternity leave: art. 336c (1) c) CO
* Workers with an important length of tenure: higher protection with respect to severance allowance: art. 339b CO.
* Workers' representatives: constitutes an abusive termination the dismissal of an employee during the exercise of a mandate as employees' representative unless the employer demonstrates a justified motive for dismissal: art. 336 (2) b) CO.
N N N N
2019 Tanzania, United Republic of Africa Y
Y Article 37(3)(b) ELRA: It is also seen to be unfair to dismiss an employee for reasons related to pregnancy.
In addition art. 41(4) ELRA provides that notice of termination shall not be given " (a) during any period of leave taken under this Act; or (b) to run concurrently with any such period of leave". This includes maternity leave ( 84 days min,. see art. 33 ELRA).

[See also art. 36 ELRA: failure to allow the employee to resume work after taking maternity leave granted under the ELRA or any agreed maternity leave is considered to be termination of employment, and therefore, if unilaterally decided by the employer, the fair reason requirement shall apply]
N N N N N N N N N N N N N N N N N N N N N N N N N N
2019 Thailand Asia N N N N Y
Y - The employer cannot, except with the approval of the Labour Court, terminate employment of, or reduce the wages of, or punish a member of an employees' committee (art. 52 LRA). Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).
- It is generally unlawful for an employer to terminate the employment or transfer the duties of the employees, their representatives, the committee members, subcommittee members, or members of the labour union, or committee members or subcommittee members of the labour federation, who are involved in the presentation, negotiation or reconciliation of a request to renegotiate an agreement on conditions of employment. Termination or transfer is, however, lawful if the persons concerned dishonestly perform their duties or wilfully commit a criminal offence against the employer; wilfully cause damage to the employer; neglect work for three consecutive working days without a suitable reason; or violate the rules, regulations or lawful orders of the employer, provided the employer has issued a warning in writing. The written warning is not required in severe cases (art. 31 LRA). The same protection applies to the same employees while an agreement on conditions of employment or equivalent award is in effect, with one additional category of permitted dismissal (i.e. when the employee commits any act of instigation, encouragement or persuasion to violate the agreement on conditions of employment or equivalent arbitration award) (art. 123(5) LRA).
N N N N N N N N N N N N N N N N N N N N N N
2019 Tunisia Africa Y
Y - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
- Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
-Art. 19 LC: performing military duties cannot be a cause of termination of employment.
________________________
- Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
- Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
- Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.
N N Y
Y - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
- Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
-Art. 19 LC: performing military duties cannot be a cause of termination of employment.
________________________
- Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
- Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
- Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.
N N N N N N Y
Y - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
- Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
-Art. 19 LC: performing military duties cannot be a cause of termination of employment.
________________________
- Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
- Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
- Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.
N N N N N N N N N N N N N N
2019 Turkey Europe N N N N Y
Y * Art. 24 of the 2012 Act No. 6356 on Trade Unions and Collective agreements:
“ (1) An employer shall not terminate the employment contract of shop stewards unless there is a just cause for termination and he indicates this clearly and precisely. The shop steward or the trade union of which he is a member shall have the right to apply to the competent court within one month of the date when the notice of termination is communicated to him (...).
(3) If the court decides that the trade union representative is to be reinstated in his employment, the termination shall be annulled and the employer shall pay his full wages and all other benefits between the termination and final decision date. On the condition that the trade union representative applies within six working days following the final decision of reinstatement, and in the event that he is not reinstated within six working days, his wage and other benefits shall continue to be paid by taking into account that his employment relation is still continuing. This provision shall likewise apply in the case of a new appointment as shop steward.
(4) Unless there is a written consent of the shop steward, the employer shall not change the workplace of the shop steward or shall not make a drastic change in his work. Otherwise, the change shall be considered as void."

* Prohibition to dismiss a women on the grounds of pregnancy or maternity leave (Art. 18 LA) and general prohibition of discrimination on the grounds of maternity (Art. 5 LA).
N N N N N N N N N N N N N N N N N N N N N N
2019 Turkmenistan Europe Y
Y Art. 241 LC
Art. 257 LC
Y
Y Art. 241 LC
Art. 257 LC
N N N N N N N N N N N N N N N N N N N N Y
Y Art. 241 LC
Art. 257 LC
N N
2019 Uganda Africa Y
Y Limited protection consisting in mandatory prior consultation of the union branch before initiating disciplinary proceedings and penalties involving dismissal against an employee who is a union member: Art. 1 Disciplinary rules, § (6) of the Disciplinary Code, schedule 1 of the EA.

Art. 56(2) EA provides that a female employee who becomes pregnant shall have the right to return to the job which she held immediately before her maternity leave, or to a reasonably suitable alternative job on terms and conditions not less favourable than those which would have applied had she not been absent on maternity leave.
N N Y
Y Limited protection consisting in mandatory prior consultation of the union branch before initiating disciplinary proceedings and penalties involving dismissal against an employee who is a union member: Art. 1 Disciplinary rules, § (6) of the Disciplinary Code, schedule 1 of the EA.

Art. 56(2) EA provides that a female employee who becomes pregnant shall have the right to return to the job which she held immediately before her maternity leave, or to a reasonably suitable alternative job on terms and conditions not less favourable than those which would have applied had she not been absent on maternity leave.
N N N N N N N N N N N N N N N N N N N N N N
2019 United Kingdom Europe N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y No additional protection for specific category of workers besides the prohibition of dismissals based on the above-mentioned reasons.
2019 Uzbekistan Europe Y
Y Article 25 LC provides additional labor guarantees for workers’ representatives. They are protected from harassment by the employer in connection with their functions and activities. Imposture of disciplinary sanctions against workers’ representatives and the termination of labour relations with them at the initiative of the employer is prohibited without the prior consent of the local labor authorities.

Art. 100.7 LC prohibits termination of a labor contract at the initiative of the employer during worker’s temporary incapacity to perform work and during leave from work, except cases of complete liquidation of the enterprise.

Article 237 LC provides guarantees for pregnant women and women with children. Termination of an employment contract with pregnant women and women with children younger than three years old at the initiative of the employer is not allowed, except in cases of complete liquidation of the enterprise.
N N Y
Y Article 25 LC provides additional labor guarantees for workers’ representatives. They are protected from harassment by the employer in connection with their functions and activities. Imposture of disciplinary sanctions against workers’ representatives and the termination of labour relations with them at the initiative of the employer is prohibited without the prior consent of the local labor authorities.

Art. 100.7 LC prohibits termination of a labor contract at the initiative of the employer during worker’s temporary incapacity to perform work and during leave from work, except cases of complete liquidation of the enterprise.

Article 237 LC provides guarantees for pregnant women and women with children. Termination of an employment contract with pregnant women and women with children younger than three years old at the initiative of the employer is not allowed, except in cases of complete liquidation of the enterprise.
N N N N N N N N Y
Y Article 25 LC provides additional labor guarantees for workers’ representatives. They are protected from harassment by the employer in connection with their functions and activities. Imposture of disciplinary sanctions against workers’ representatives and the termination of labour relations with them at the initiative of the employer is prohibited without the prior consent of the local labor authorities.

Art. 100.7 LC prohibits termination of a labor contract at the initiative of the employer during worker’s temporary incapacity to perform work and during leave from work, except cases of complete liquidation of the enterprise.

Article 237 LC provides guarantees for pregnant women and women with children. Termination of an employment contract with pregnant women and women with children younger than three years old at the initiative of the employer is not allowed, except in cases of complete liquidation of the enterprise.
N N N N N N N N N N N N
2019 Venezuela, Bolivarian Republic of Americas Y
Y Venezuelan law provides that certain workers, for various reasons, are irremovable and may not be dismissed, transferred or employed in less favourable working conditions without just cause approved in advance by the labour inspector (art. 94, OLL).
This protection is, generally, reserved for trade union promoters and board members, promoters of collective agreements and workers involved in collective disputes against employers, but has also been extended to other categories of persons, whether or not they are linked to trade union activity or collective relations. The following may therefore enjoy protection under the BLA:
* a pregnant woman, during pregnancy and up to two year after confinement; paternity protection during the pregnancy of his couple up to two years after confinement
* workers with one or more disabled children or serious disease hampering its self-fulfilment
* workers enjoying trade union rights, including:
->workers applying to register a trade union, since the moment of the application up until fifteen days after it has been registered or the application has been denied;
-workers supporting the register of a trade union u until fifteen days after it has been registered or the application has been denied;
-representatives of the board of directors of the trade union in an enterprise (the number of protected individuals depends on the size of the enterprise.
-workers enjoying membership in a trade union which is holding elections, until the establishment of the board of directors.
-workers who run for trade union elections, up until 60 days after the board has been established.
-workers during the drafting and negotiating process of a collective agreement since its presentation to Labour Inspection up until the end of its negotiation or start of an arbitration procedure.
-workers during the exercise of its right to strike, as foreseen in the law.

__________
In Spanish:
Artículo 94 OLL. Los trabajadores y trabajadoras protegidos de inamovilidad no podrán ser despedidos, ni trasladados, ni desmejorados sin una causa justificada la cual deberá ser previamente calificada por el inspector o inspectora del trabajo.
Y
Y Venezuelan law provides that certain workers, for various reasons, are irremovable and may not be dismissed, transferred or employed in less favourable working conditions without just cause approved in advance by the labour inspector (art. 94, OLL).
This protection is, generally, reserved for trade union promoters and board members, promoters of collective agreements and workers involved in collective disputes against employers, but has also been extended to other categories of persons, whether or not they are linked to trade union activity or collective relations. The following may therefore enjoy protection under the BLA:
* a pregnant woman, during pregnancy and up to two year after confinement; paternity protection during the pregnancy of his couple up to two years after confinement
* workers with one or more disabled children or serious disease hampering its self-fulfilment
* workers enjoying trade union rights, including:
->workers applying to register a trade union, since the moment of the application up until fifteen days after it has been registered or the application has been denied;
-workers supporting the register of a trade union u until fifteen days after it has been registered or the application has been denied;
-representatives of the board of directors of the trade union in an enterprise (the number of protected individuals depends on the size of the enterprise.
-workers enjoying membership in a trade union which is holding elections, until the establishment of the board of directors.
-workers who run for trade union elections, up until 60 days after the board has been established.
-workers during the drafting and negotiating process of a collective agreement since its presentation to Labour Inspection up until the end of its negotiation or start of an arbitration procedure.
-workers during the exercise of its right to strike, as foreseen in the law.

__________
In Spanish:
Artículo 94 OLL. Los trabajadores y trabajadoras protegidos de inamovilidad no podrán ser despedidos, ni trasladados, ni desmejorados sin una causa justificada la cual deberá ser previamente calificada por el inspector o inspectora del trabajo.
Y
Y Venezuelan law provides that certain workers, for various reasons, are irremovable and may not be dismissed, transferred or employed in less favourable working conditions without just cause approved in advance by the labour inspector (art. 94, OLL).
This protection is, generally, reserved for trade union promoters and board members, promoters of collective agreements and workers involved in collective disputes against employers, but has also been extended to other categories of persons, whether or not they are linked to trade union activity or collective relations. The following may therefore enjoy protection under the BLA:
* a pregnant woman, during pregnancy and up to two year after confinement; paternity protection during the pregnancy of his couple up to two years after confinement
* workers with one or more disabled children or serious disease hampering its self-fulfilment
* workers enjoying trade union rights, including:
->workers applying to register a trade union, since the moment of the application up until fifteen days after it has been registered or the application has been denied;
-workers supporting the register of a trade union u until fifteen days after it has been registered or the application has been denied;
-representatives of the board of directors of the trade union in an enterprise (the number of protected individuals depends on the size of the enterprise.
-workers enjoying membership in a trade union which is holding elections, until the establishment of the board of directors.
-workers who run for trade union elections, up until 60 days after the board has been established.
-workers during the drafting and negotiating process of a collective agreement since its presentation to Labour Inspection up until the end of its negotiation or start of an arbitration procedure.
-workers during the exercise of its right to strike, as foreseen in the law.

__________
In Spanish:
Artículo 94 OLL. Los trabajadores y trabajadoras protegidos de inamovilidad no podrán ser despedidos, ni trasladados, ni desmejorados sin una causa justificada la cual deberá ser previamente calificada por el inspector o inspectora del trabajo.
Y
Y Venezuelan law provides that certain workers, for various reasons, are irremovable and may not be dismissed, transferred or employed in less favourable working conditions without just cause approved in advance by the labour inspector (art. 94, OLL).
This protection is, generally, reserved for trade union promoters and board members, promoters of collective agreements and workers involved in collective disputes against employers, but has also been extended to other categories of persons, whether or not they are linked to trade union activity or collective relations. The following may therefore enjoy protection under the BLA:
* a pregnant woman, during pregnancy and up to two year after confinement; paternity protection during the pregnancy of his couple up to two years after confinement
* workers with one or more disabled children or serious disease hampering its self-fulfilment
* workers enjoying trade union rights, including:
->workers applying to register a trade union, since the moment of the application up until fifteen days after it has been registered or the application has been denied;
-workers supporting the register of a trade union u until fifteen days after it has been registered or the application has been denied;
-representatives of the board of directors of the trade union in an enterprise (the number of protected individuals depends on the size of the enterprise.
-workers enjoying membership in a trade union which is holding elections, until the establishment of the board of directors.
-workers who run for trade union elections, up until 60 days after the board has been established.
-workers during the drafting and negotiating process of a collective agreement since its presentation to Labour Inspection up until the end of its negotiation or start of an arbitration procedure.
-workers during the exercise of its right to strike, as foreseen in the law.

__________
In Spanish:
Artículo 94 OLL. Los trabajadores y trabajadoras protegidos de inamovilidad no podrán ser despedidos, ni trasladados, ni desmejorados sin una causa justificada la cual deberá ser previamente calificada por el inspector o inspectora del trabajo.
N N N N Y
Y Venezuelan law provides that certain workers, for various reasons, are irremovable and may not be dismissed, transferred or employed in less favourable working conditions without just cause approved in advance by the labour inspector (art. 94, OLL).
This protection is, generally, reserved for trade union promoters and board members, promoters of collective agreements and workers involved in collective disputes against employers, but has also been extended to other categories of persons, whether or not they are linked to trade union activity or collective relations. The following may therefore enjoy protection under the BLA:
* a pregnant woman, during pregnancy and up to two year after confinement; paternity protection during the pregnancy of his couple up to two years after confinement
* workers with one or more disabled children or serious disease hampering its self-fulfilment
* workers enjoying trade union rights, including:
->workers applying to register a trade union, since the moment of the application up until fifteen days after it has been registered or the application has been denied;
-workers supporting the register of a trade union u until fifteen days after it has been registered or the application has been denied;
-representatives of the board of directors of the trade union in an enterprise (the number of protected individuals depends on the size of the enterprise.
-workers enjoying membership in a trade union which is holding elections, until the establishment of the board of directors.
-workers who run for trade union elections, up until 60 days after the board has been established.
-workers during the drafting and negotiating process of a collective agreement since its presentation to Labour Inspection up until the end of its negotiation or start of an arbitration procedure.
-workers during the exercise of its right to strike, as foreseen in the law.

__________
In Spanish:
Artículo 94 OLL. Los trabajadores y trabajadoras protegidos de inamovilidad no podrán ser despedidos, ni trasladados, ni desmejorados sin una causa justificada la cual deberá ser previamente calificada por el inspector o inspectora del trabajo.
Y
Y Venezuelan law provides that certain workers, for various reasons, are irremovable and may not be dismissed, transferred or employed in less favourable working conditions without just cause approved in advance by the labour inspector (art. 94, OLL).
This protection is, generally, reserved for trade union promoters and board members, promoters of collective agreements and workers involved in collective disputes against employers, but has also been extended to other categories of persons, whether or not they are linked to trade union activity or collective relations. The following may therefore enjoy protection under the BLA:
* a pregnant woman, during pregnancy and up to two year after confinement; paternity protection during the pregnancy of his couple up to two years after confinement
* workers with one or more disabled children or serious disease hampering its self-fulfilment
* workers enjoying trade union rights, including:
->workers applying to register a trade union, since the moment of the application up until fifteen days after it has been registered or the application has been denied;
-workers supporting the register of a trade union u until fifteen days after it has been registered or the application has been denied;
-representatives of the board of directors of the trade union in an enterprise (the number of protected individuals depends on the size of the enterprise.
-workers enjoying membership in a trade union which is holding elections, until the establishment of the board of directors.
-workers who run for trade union elections, up until 60 days after the board has been established.
-workers during the drafting and negotiating process of a collective agreement since its presentation to Labour Inspection up until the end of its negotiation or start of an arbitration procedure.
-workers during the exercise of its right to strike, as foreseen in the law.

__________
In Spanish:
Artículo 94 OLL. Los trabajadores y trabajadoras protegidos de inamovilidad no podrán ser despedidos, ni trasladados, ni desmejorados sin una causa justificada la cual deberá ser previamente calificada por el inspector o inspectora del trabajo.
N N N N N N N N N N N N
2019 Zambia Africa Y
Y "Workers' representatives" were added in the category of workers enjoying special protection in 2017.

- The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
- Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.
- Sec. 36(4)(b) EA prohibits the termination of an employment contract for an employee seeking office as, acting or having acted in the capacity of, an employee’s representatives.
N N Y
Y "Workers' representatives" were added in the category of workers enjoying special protection in 2017.

- The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
- Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.
- Sec. 36(4)(b) EA prohibits the termination of an employment contract for an employee seeking office as, acting or having acted in the capacity of, an employee’s representatives.
N N N N N N N N Y
Y "Workers' representatives" were added in the category of workers enjoying special protection in 2017.

- The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
- Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.
- Sec. 36(4)(b) EA prohibits the termination of an employment contract for an employee seeking office as, acting or having acted in the capacity of, an employee’s representatives.
N N N N N N N N N N N N
2018 Antigua and Barbuda Americas N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y No provision found in the legislation reviewed.
2018 Argentina Americas Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
N N Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
N N Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
Y
Y Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

- A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

- A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

- Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

- Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

- Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

- Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

- An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).
N N N N N N N N N N
2018 Armenia Europe Y
Y Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.

On temporary work incapacity, see art. 118 LC
Y
Y Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.

On temporary work incapacity, see art. 118 LC
Y
Y Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.

On temporary work incapacity, see art. 118 LC
N N N N N N N N Y
Y Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.

On temporary work incapacity, see art. 118 LC
N N N N N N N N N N N N
2018 Botswana Africa Y
Y Sec. 23(b) of the EA provides that an employer may not terminate the employment contract of an employee seeking office, as or acting or having acted in the capacity of an employees' representative;

Sec. 116 EA. prohibits the dismissal of employees during maternity leave, and/or during leave of absence a longer period due to illness related to pregnancy or childbirth.
N N Y
Y Sec. 23(b) of the EA provides that an employer may not terminate the employment contract of an employee seeking office, as or acting or having acted in the capacity of an employees' representative;

Sec. 116 EA. prohibits the dismissal of employees during maternity leave, and/or during leave of absence a longer period due to illness related to pregnancy or childbirth.
N N N N N N N N N N N N N N N N N N N N N N
2018 Chile Americas Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
N N N N N N N N Y
Y - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
Workers protected by the 'fuero laboral' are:
*Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
* Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
*Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
* Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
* Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
* Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
* Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
* Working father if he has taken parental leave (articles 197bis and 201);
* Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
- Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
* Workers on sick leave
* Workers on temporary work injury or illness leave
N N N N N N N N N N N N
2018 Japan Asia Y
Y See art. 19(1) LSA which prohibits an employer from dismissing a woman while on maternity leave of six weeks prior to (14 weeks in the case of multiple pregnancy) and eight weeks after the childbirth, and 30 days thereafter.
[As exception, however, dismissal is possible, if the enterprise is unable to continue its activities as a result of a natural disaster or some other unavoidable circumstances provided that the employer has obtained prior authorization from the Labour Standards Inspection Office].

Note that art. 19(1) LSA also apply to workers which are absent from work for a result of illness or injury incurred in the course of work, and for 30 thereafter.

See also art. 9(4) of the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (1973, as amended in 2006) which provides for a special protection against dismissal during pregnancy and maternity leave, as it stated that: "Dismissal of women workers who are pregnant or in the first year after childbirth shall be void." However, this protection is not absolute since "it does not apply n the event that the employers prove that dismissals are not by reasons prescribed in the preceding paragraph [pregnancy, childbirth and requesting maternity leave]".

N N N N N N N N N N N N Y
Y See art. 19(1) LSA which prohibits an employer from dismissing a woman while on maternity leave of six weeks prior to (14 weeks in the case of multiple pregnancy) and eight weeks after the childbirth, and 30 days thereafter.
[As exception, however, dismissal is possible, if the enterprise is unable to continue its activities as a result of a natural disaster or some other unavoidable circumstances provided that the employer has obtained prior authorization from the Labour Standards Inspection Office].

Note that art. 19(1) LSA also apply to workers which are absent from work for a result of illness or injury incurred in the course of work, and for 30 thereafter.

See also art. 9(4) of the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (1973, as amended in 2006) which provides for a special protection against dismissal during pregnancy and maternity leave, as it stated that: "Dismissal of women workers who are pregnant or in the first year after childbirth shall be void." However, this protection is not absolute since "it does not apply n the event that the employers prove that dismissals are not by reasons prescribed in the preceding paragraph [pregnancy, childbirth and requesting maternity leave]".

N N N N N N N N N N N N
2018 Malaysia Asia Y
Y *Maternity leave and pregnancy: Section 37 (4) has been inserted in the EA in 2012 and it states that dismissing an employee during maternity leave constitutes an offence (former section 40 (3) EA). Unlike the previous Section 40 (3) EA (which now has been deleted), sec. 37 (4) of the amended EA provides that the prohibition of dismissal during maternity leave does not apply to termination on the grounds of the closure of the employer's business.
Prior to the 2012 amendments the provisions on maternity leave were applicable to female employees depending on their wages. As of April 2012, a new Section 44A has been introduced in the EA, and it states that maternity leave entitlements are now extended to all female employees, irrespective of their wage.
Constitutes also an offence the dismissal of a female employee who remains absent from work after the expiration of the protection period as a result of illness arising out of her pregnancy or confinement (sec. 42 (1) EA).

Special protection for local/national employees:
Sec. 60M EA provides that "no employer shall terminate the contract of service of a local employee for the purpose of employing a foreign employee."
Sec. 60N EA provides that "where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of the local employee."
N N N N N N N N N N N N N N N N N N Y
Y *Maternity leave and pregnancy: Section 37 (4) has been inserted in the EA in 2012 and it states that dismissing an employee during maternity leave constitutes an offence (former section 40 (3) EA). Unlike the previous Section 40 (3) EA (which now has been deleted), sec. 37 (4) of the amended EA provides that the prohibition of dismissal during maternity leave does not apply to termination on the grounds of the closure of the employer's business.
Prior to the 2012 amendments the provisions on maternity leave were applicable to female employees depending on their wages. As of April 2012, a new Section 44A has been introduced in the EA, and it states that maternity leave entitlements are now extended to all female employees, irrespective of their wage.
Constitutes also an offence the dismissal of a female employee who remains absent from work after the expiration of the protection period as a result of illness arising out of her pregnancy or confinement (sec. 42 (1) EA).

Special protection for local/national employees:
Sec. 60M EA provides that "no employer shall terminate the contract of service of a local employee for the purpose of employing a foreign employee."
Sec. 60N EA provides that "where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of the local employee."
N N N N N N
2016 Austria Europe Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service.

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service.

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service.

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA).
N N Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service.

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service.

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA).
Y
Y The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
* Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
* Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
* Works council members: sec. 120 to 122 WCA;
* Employee performing military service or alternative service.

In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA).
N N N N N N N N N N N N N N
2017 Bangladesh Asia N N N N Y
Y - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
N N N N N N N N N N N N N N N N N N N N N N
2017 Bolivia Americas Y
Y Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004
N N Y
Y Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004
N N N N Y
Y Article 14 of the Constitution: General provision against discrimination

Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004
N N N N N N N N N N N N N N N N
2017 Cambodia Asia Y
Y Art. 293-295 LC
The dismissal of a shop steward or a candidate for shop steward can take place only after authorization from the Labor Inspector. Protection extended to former shop steward (art. 282 LC).

Art. 67 Trade Union Law
All workers holding a leadership position in a trade union or candidates for such positions, during the 45 days before the election, cannot be dismissed


Art. 182 LC: "The employer is prohibited from laying off women during their maternity leave or at a date when the end of the notice period would fall during the maternity leave". This protection only applies during maternity leave and not the entire pregnancy.
N N Y
Y Art. 293-295 LC
The dismissal of a shop steward or a candidate for shop steward can take place only after authorization from the Labor Inspector. Protection extended to former shop steward (art. 282 LC).

Art. 67 Trade Union Law
All workers holding a leadership position in a trade union or candidates for such positions, during the 45 days before the election, cannot be dismissed


Art. 182 LC: "The employer is prohibited from laying off women during their maternity leave or at a date when the end of the notice period would fall during the maternity leave". This protection only applies during maternity leave and not the entire pregnancy.
N N N N N N N N N N N N N N N N N N N N N N
2017 China Asia Y
Y Under art. 42 ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.

For worker's representatives, see art. 52 (2) of the Trade Union Law :
If the labour contract of a worker or staff member is terminated due to his participation in trade union activities, the administrative department for labour shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labour contract be made up, or that a compensation two times the amount of his annual income be given.
N N Y
Y Under art. 42 ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.

For worker's representatives, see art. 52 (2) of the Trade Union Law :
If the labour contract of a worker or staff member is terminated due to his participation in trade union activities, the administrative department for labour shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labour contract be made up, or that a compensation two times the amount of his annual income be given.
Y
Y Under art. 42 ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.

For worker's representatives, see art. 52 (2) of the Trade Union Law :
If the labour contract of a worker or staff member is terminated due to his participation in trade union activities, the administrative department for labour shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labour contract be made up, or that a compensation two times the amount of his annual income be given.
Y
Y Under art. 42 ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.

For worker's representatives, see art. 52 (2) of the Trade Union Law :
If the labour contract of a worker or staff member is terminated due to his participation in trade union activities, the administrative department for labour shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labour contract be made up, or that a compensation two times the amount of his annual income be given.
N N N N Y
Y Under art. 42 ECL, it is prohibited to dismiss:
(1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
(2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
(3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
(4) a female employee in her pregnancy, confinement or nursing period;
(5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.

For worker's representatives, see art. 52 (2) of the Trade Union Law :
If the labour contract of a worker or staff member is terminated due to his participation in trade union activities, the administrative department for labour shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labour contract be made up, or that a compensation two times the amount of his annual income be given.
N N N N N N N N N N N N
2017 Denmark Europe Y
Y - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.

Y
Y - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.

N N N N N N N N N N N N N N N N N N N N N N N N
2017 Egypt Africa Y
Y - Not all the workers' representatives are protected. The Trade Unions Act No. 35/1976 (as amended) only protects members of the trade union boards from suspension or dismissal, except pursuant to a court decision (Art. 46).

- The employer cannot dismiss a woman during maternity leave (Article 92, LL).

- While the worker's total incapacity entails termination of the employment relationship; if the incapacity is partial, the employment relationship shall not be terminated unless it is demonstrated that there is no other available work which can be satisfactorily performed by the employee (art. 124 LL).
N N Y
Y - Not all the workers' representatives are protected. The Trade Unions Act No. 35/1976 (as amended) only protects members of the trade union boards from suspension or dismissal, except pursuant to a court decision (Art. 46).

- The employer cannot dismiss a woman during maternity leave (Article 92, LL).

- While the worker's total incapacity entails termination of the employment relationship; if the incapacity is partial, the employment relationship shall not be terminated unless it is demonstrated that there is no other available work which can be satisfactorily performed by the employee (art. 124 LL).
Y
Y - Not all the workers' representatives are protected. The Trade Unions Act No. 35/1976 (as amended) only protects members of the trade union boards from suspension or dismissal, except pursuant to a court decision (Art. 46).

- The employer cannot dismiss a woman during maternity leave (Article 92, LL).

- While the worker's total incapacity entails termination of the employment relationship; if the incapacity is partial, the employment relationship shall not be terminated unless it is demonstrated that there is no other available work which can be satisfactorily performed by the employee (art. 124 LL).
N N N N N N N N N N N N N N N N N N N N
2017 Estonia Europe Y
Y - Pregnant women and workers with family responsibilities:
Art. 93 ECA prohibits the employer from making redundant a pregnant woman or a woman who has the right to pregnancy and maternity leave or a person who is on parental leave or on adoption leave, except in the event of cessation of activities or bankruptcy.
In addition, its is prohibited to dismiss a pregnant woman or a woman who has the right to pregnancy and maternity leave due to a decrease of the employee's capacity for work.
These prohibitions only apply if the employee has notified the employer of her pregnancy or the right to pregnancy and maternity leave before receipt of a cancellation notice or within 14 days thereafter.

- Workers' representatives:
Art. 94 ECA provides that before terminating an employment contract with the employees' representative, an employer must seek the opinions of the trade union or the employees who elected him/her the person to represent them or the trade union. The employer is required to take that opinion reasonably into account and to provide justification if he/she disregards the employees' opinion.
Y
Y - Pregnant women and workers with family responsibilities:
Art. 93 ECA prohibits the employer from making redundant a pregnant woman or a woman who has the right to pregnancy and maternity leave or a person who is on parental leave or on adoption leave, except in the event of cessation of activities or bankruptcy.
In addition, its is prohibited to dismiss a pregnant woman or a woman who has the right to pregnancy and maternity leave due to a decrease of the employee's capacity for work.
These prohibitions only apply if the employee has notified the employer of her pregnancy or the right to pregnancy and maternity leave before receipt of a cancellation notice or within 14 days thereafter.

- Workers' representatives:
Art. 94 ECA provides that before terminating an employment contract with the employees' representative, an employer must seek the opinions of the trade union or the employees who elected him/her the person to represent them or the trade union. The employer is required to take that opinion reasonably into account and to provide justification if he/she disregards the employees' opinion.
Y
Y - Pregnant women and workers with family responsibilities:
Art. 93 ECA prohibits the employer from making redundant a pregnant woman or a woman who has the right to pregnancy and maternity leave or a person who is on parental leave or on adoption leave, except in the event of cessation of activities or bankruptcy.
In addition, its is prohibited to dismiss a pregnant woman or a woman who has the right to pregnancy and maternity leave due to a decrease of the employee's capacity for work.
These prohibitions only apply if the employee has notified the employer of her pregnancy or the right to pregnancy and maternity leave before receipt of a cancellation notice or within 14 days thereafter.

- Workers' representatives:
Art. 94 ECA provides that before terminating an employment contract with the employees' representative, an employer must seek the opinions of the trade union or the employees who elected him/her the person to represent them or the trade union. The employer is required to take that opinion reasonably into account and to provide justification if he/she disregards the employees' opinion.
N N N N N N N N N N N N N N N N N N N N N N
2017 Georgia Europe Y
Y Art. 36 LC on suspension of employment during which the employment cannot be terminated. N N N N N N N N N N N N N N N N N N N N N N N N N N
2017 Germany Europe Y
Y - Pregnant women : sec. 17 Federal Act on Maternity Protection (2002, as amended in May 2017): prohibition of dismissal during pregnancy and up to 4 months after childbirth).
- Maternity /parental leave: sec. 18 of the Federal Parenting Benefits and Parental Leave Act (2007, as amended in May 2017)
- Disabled workers: sec. 85 Social Code, book IX: or consent of the integration office required.
- Worker's representatives: sec. 15 PADA.
Prohibition of dismissal except in case of serious misconduct (good cause).
Y
Y - Pregnant women : sec. 17 Federal Act on Maternity Protection (2002, as amended in May 2017): prohibition of dismissal during pregnancy and up to 4 months after childbirth).
- Maternity /parental leave: sec. 18 of the Federal Parenting Benefits and Parental Leave Act (2007, as amended in May 2017)
- Disabled workers: sec. 85 Social Code, book IX: or consent of the integration office required.
- Worker's representatives: sec. 15 PADA.
Prohibition of dismissal except in case of serious misconduct (good cause).
Y
Y - Pregnant women : sec. 17 Federal Act on Maternity Protection (2002, as amended in May 2017): prohibition of dismissal during pregnancy and up to 4 months after childbirth).
- Maternity /parental leave: sec. 18 of the Federal Parenting Benefits and Parental Leave Act (2007, as amended in May 2017)
- Disabled workers: sec. 85 Social Code, book IX: or consent of the integration office required.
- Worker's representatives: sec. 15 PADA.
Prohibition of dismissal except in case of serious misconduct (good cause).
N N N N Y
Y - Pregnant women : sec. 17 Federal Act on Maternity Protection (2002, as amended in May 2017): prohibition of dismissal during pregnancy and up to 4 months after childbirth).
- Maternity /parental leave: sec. 18 of the Federal Parenting Benefits and Parental Leave Act (2007, as amended in May 2017)
- Disabled workers: sec. 85 Social Code, book IX: or consent of the integration office required.
- Worker's representatives: sec. 15 PADA.
Prohibition of dismissal except in case of serious misconduct (good cause).
N N N N N N N N N N N N N N N N
2017 Italy Europe Y
Y - Worker's representatives: there is a protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal. Specific remedies are also provided under Art. 18 Act 300/1970

- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to art. 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.

- Workers on paternity leave equally benefit from the protection against dismissal. (note however that under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).

- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).
Y
Y - Worker's representatives: there is a protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal. Specific remedies are also provided under Art. 18 Act 300/1970

- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to art. 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.

- Workers on paternity leave equally benefit from the protection against dismissal. (note however that under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).

- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).
Y
Y - Worker's representatives: there is a protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal. Specific remedies are also provided under Art. 18 Act 300/1970

- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to art. 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.

- Workers on paternity leave equally benefit from the protection against dismissal. (note however that under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).

- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).
N N N N N N N N N N N N N N N N N N N N N N
2017 Macedonia, The Former Yugoslav Republic of Europe Y
Y Art. 101 LRA states that the employer shall not dismiss a woman during her pregnancy or while she is on a maternity leave, or during a leave of absence for child care.
This prohibition also applies to fathers on parental or adoption leave.

In addition, art. 200 LRA provides for a protection against dismissal for trade union representatives. A trade union representative can only be dismissed with the prior approval of the trade union. In case the trade union refuses to give approval, such approval can be given by the court. This protection applies during the whole period of the mandate and and at least two years after its expiration.
Y
Y Art. 101 LRA states that the employer shall not dismiss a woman during her pregnancy or while she is on a maternity leave, or during a leave of absence for child care.
This prohibition also applies to fathers on parental or adoption leave.

In addition, art. 200 LRA provides for a protection against dismissal for trade union representatives. A trade union representative can only be dismissed with the prior approval of the trade union. In case the trade union refuses to give approval, such approval can be given by the court. This protection applies during the whole period of the mandate and and at least two years after its expiration.
Y
Y Art. 101 LRA states that the employer shall not dismiss a woman during her pregnancy or while she is on a maternity leave, or during a leave of absence for child care.
This prohibition also applies to fathers on parental or adoption leave.

In addition, art. 200 LRA provides for a protection against dismissal for trade union representatives. A trade union representative can only be dismissed with the prior approval of the trade union. In case the trade union refuses to give approval, such approval can be given by the court. This protection applies during the whole period of the mandate and and at least two years after its expiration.
N N N N N N N N N N N N N N N N N N N N N N
2017 Moldova, Republic of Europe Y
Y *Art. 87 LC: dismissal of trade union representative is admitted only with the preliminary consent of the trade union body.
Dismissal of a trade union member on certain grounds requires the preliminary consent of the trade union from the enterprise. In other cases, preliminary consultation with the trade union is required.

*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.
Y
Y *Art. 87 LC: dismissal of trade union representative is admitted only with the preliminary consent of the trade union body.
Dismissal of a trade union member on certain grounds requires the preliminary consent of the trade union from the enterprise. In other cases, preliminary consultation with the trade union is required.

*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.
Y
Y *Art. 87 LC: dismissal of trade union representative is admitted only with the preliminary consent of the trade union body.
Dismissal of a trade union member on certain grounds requires the preliminary consent of the trade union from the enterprise. In other cases, preliminary consultation with the trade union is required.

*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.
N N N N N N N N N N N N N N N N N N N N N N
2017 Mongolia Asia Y
Y - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
- In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).
Y
Y - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
- In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).
Y
Y - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
- In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).
N N N N N N N N N N N N N N N N N N N N N N
2017 Montenegro Europe Y
Y Art. 108 LL provides for protection due to pregnancy and child care:
- It is prohibited to dismiss a female employee due to pregnancy and during maternity leave [minimum 38 days before childbirth and 45 days after, but allowed up to 365 days after childbirth] (art. 108(1) LL).
- It is prohibited to terminate the employment of a the parent who works half time in order to take care of a child with severe development difficulties, a single parent of a child under seven years of age, or a child with severe disability. The law also specifies that they may not be declared redundant employees due to the introduction of technological, economic or restructuring changes [special child care leave](art. 108(1) and (2) LL)
New in December 2011:
The scope of the protection against dismissal has been extended. Art. 108(3) LL now prohibits dismissal during parental leave [minimum 45 days after childbirth may be up to 365 days] and absence from work due to child care.

Art. 160(1) LL provides for specific protection of trade union representatives and in particular, states that they shall not be declared as redundant.
New in December 2011: art. 143b(4) LL now provides for specific procedural requirements in the event of a disciplinary dismissal of a trade union member: prior warning notice must be communicated to the trade union of which the employee is a member, for the purpose of obtaining its opinion. The trade union must provide a statement with its opinion within 5 days.

Art 94(3) LL provides for severance pay for workers suffering from disability (see under severance pay).
Y
Y Art. 108 LL provides for protection due to pregnancy and child care:
- It is prohibited to dismiss a female employee due to pregnancy and during maternity leave [minimum 38 days before childbirth and 45 days after, but allowed up to 365 days after childbirth] (art. 108(1) LL).
- It is prohibited to terminate the employment of a the parent who works half time in order to take care of a child with severe development difficulties, a single parent of a child under seven years of age, or a child with severe disability. The law also specifies that they may not be declared redundant employees due to the introduction of technological, economic or restructuring changes [special child care leave](art. 108(1) and (2) LL)
New in December 2011:
The scope of the protection against dismissal has been extended. Art. 108(3) LL now prohibits dismissal during parental leave [minimum 45 days after childbirth may be up to 365 days] and absence from work due to child care.

Art. 160(1) LL provides for specific protection of trade union representatives and in particular, states that they shall not be declared as redundant.
New in December 2011: art. 143b(4) LL now provides for specific procedural requirements in the event of a disciplinary dismissal of a trade union member: prior warning notice must be communicated to the trade union of which the employee is a member, for the purpose of obtaining its opinion. The trade union must provide a statement with its opinion within 5 days.

Art 94(3) LL provides for severance pay for workers suffering from disability (see under severance pay).
Y
Y Art. 108 LL provides for protection due to pregnancy and child care:
- It is prohibited to dismiss a female employee due to pregnancy and during maternity leave [minimum 38 days before childbirth and 45 days after, but allowed up to 365 days after childbirth] (art. 108(1) LL).
- It is prohibited to terminate the employment of a the parent who works half time in order to take care of a child with severe development difficulties, a single parent of a child under seven years of age, or a child with severe disability. The law also specifies that they may not be declared redundant employees due to the introduction of technological, economic or restructuring changes [special child care leave](art. 108(1) and (2) LL)
New in December 2011:
The scope of the protection against dismissal has been extended. Art. 108(3) LL now prohibits dismissal during parental leave [minimum 45 days after childbirth may be up to 365 days] and absence from work due to child care.

Art. 160(1) LL provides for specific protection of trade union representatives and in particular, states that they shall not be declared as redundant.
New in December 2011: art. 143b(4) LL now provides for specific procedural requirements in the event of a disciplinary dismissal of a trade union member: prior warning notice must be communicated to the trade union of which the employee is a member, for the purpose of obtaining its opinion. The trade union must provide a statement with its opinion within 5 days.

Art 94(3) LL provides for severance pay for workers suffering from disability (see under severance pay).
Y
Y Art. 108 LL provides for protection due to pregnancy and child care:
- It is prohibited to dismiss a female employee due to pregnancy and during maternity leave [minimum 38 days before childbirth and 45 days after, but allowed up to 365 days after childbirth] (art. 108(1) LL).
- It is prohibited to terminate the employment of a the parent who works half time in order to take care of a child with severe development difficulties, a single parent of a child under seven years of age, or a child with severe disability. The law also specifies that they may not be declared redundant employees due to the introduction of technological, economic or restructuring changes [special child care leave](art. 108(1) and (2) LL)
New in December 2011:
The scope of the protection against dismissal has been extended. Art. 108(3) LL now prohibits dismissal during parental leave [minimum 45 days after childbirth may be up to 365 days] and absence from work due to child care.

Art. 160(1) LL provides for specific protection of trade union representatives and in particular, states that they shall not be declared as redundant.
New in December 2011: art. 143b(4) LL now provides for specific procedural requirements in the event of a disciplinary dismissal of a trade union member: prior warning notice must be communicated to the trade union of which the employee is a member, for the purpose of obtaining its opinion. The trade union must provide a statement with its opinion within 5 days.

Art 94(3) LL provides for severance pay for workers suffering from disability (see under severance pay).
N N Y
Y Art. 108 LL provides for protection due to pregnancy and child care:
- It is prohibited to dismiss a female employee due to pregnancy and during maternity leave [minimum 38 days before childbirth and 45 days after, but allowed up to 365 days after childbirth] (art. 108(1) LL).
- It is prohibited to terminate the employment of a the parent who works half time in order to take care of a child with severe development difficulties, a single parent of a child under seven years of age, or a child with severe disability. The law also specifies that they may not be declared redundant employees due to the introduction of technological, economic or restructuring changes [special child care leave](art. 108(1) and (2) LL)
New in December 2011:
The scope of the protection against dismissal has been extended. Art. 108(3) LL now prohibits dismissal during parental leave [minimum 45 days after childbirth may be up to 365 days] and absence from work due to child care.

Art. 160(1) LL provides for specific protection of trade union representatives and in particular, states that they shall not be declared as redundant.
New in December 2011: art. 143b(4) LL now provides for specific procedural requirements in the event of a disciplinary dismissal of a trade union member: prior warning notice must be communicated to the trade union of which the employee is a member, for the purpose of obtaining its opinion. The trade union must provide a statement with its opinion within 5 days.

Art 94(3) LL provides for severance pay for workers suffering from disability (see under severance pay).
N N N N N N N N N N N N N N N N
2017 Romania Europe Y
Y Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
- for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
Y
Y Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
- for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
Y
Y Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
- for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
N N N N N N N N Y
Y Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
- for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
- during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
- during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
- during the maternity leave;
- during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
- during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
- during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
- during the annual leave.
[Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)
N N N N N N N N N N N N
2017 Saudi Arabia Arab States Y
Y Limited protection. No prohibition of dismissal of pregnant women as such: the prohibition only covers maternity leave (sec. 155 LL: 10 weeks period) and period of illness resulting from pregnancy or delivery provided it does not exceed 180 days (sec. 156 LL).
N N N N N N N N N N N N N N N N N N N N N N N N N N
2017 Serbia Europe Y
Y * Workers' representatives: art. 188 LL: no dismissal during the term of office.
* No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child: art. 187 LL.
Y
Y * Workers' representatives: art. 188 LL: no dismissal during the term of office.
* No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child: art. 187 LL.
Y
Y * Workers' representatives: art. 188 LL: no dismissal during the term of office.
* No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child: art. 187 LL.
N N N N N N N N N N N N N N N N N N N N N N
2017 Sweden Europe N N N N Y
Y See for example, sec. 8 of the Trade Union Representatives (Status at the Workplace) Act, 1974 on priority to continued employment in connection with redundancies.
See also sec. 30 EPA on the obligation of the employer to consult the employee and the local organisation of employees to which the employee belongs concerning the measure to which the information and the notice relate. This shall apply provided that such consultations are requested not more than one week after the information was given.
NOTE: About 70% of the workers in Sweden are union members.
N N N N N N N N N N N N N N N N N N N N N N
2017 United States Americas N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y
2012 Canada (Federal only) Americas N N N N N N N N N N N N N N N N N N N N N N N N N N Y
Y No statutory provision found in the legislation reviewed.
2012 Cyprus Europe Y
Y See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)
Y
Y See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)
N N N N N N N N N N N N N N N N N N N N N N N N
2012 France Europe Y
Y *Workers' representatives:
- Trade union representatives and other worker's representatives: art. L 2411-1 LC
- Worker's adviser: art. 1232-14 LC
* Pregnant women and women on maternity leave: art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 12225-38 LC
Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave) and during the period of paid adoption leave, as well as during four weeks after the end of maternity and adoption leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy, confinement or adoption. However, the dismissal or notice of dismissal may not take place during the periods of maternity and adoption leave.
N N Y
Y *Workers' representatives:
- Trade union representatives and other worker's representatives: art. L 2411-1 LC
- Worker's adviser: art. 1232-14 LC
* Pregnant women and women on maternity leave: art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 12225-38 LC
Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave) and during the period of paid adoption leave, as well as during four weeks after the end of maternity and adoption leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy, confinement or adoption. However, the dismissal or notice of dismissal may not take place during the periods of maternity and adoption leave.
N N N N N N N N N N N N