RT josehorta : IioT exhibition. Trabajando en los contenidos de nuestro Portal Partner. Os animamos a entrar. Conocimiento de negocio para transformar organizaciones. Un rol esencial y actualizado. En Ikusi hacemos sencillo lo complejo. Fulmar is the Ikusi solution enabling airports to achieve a new dimension in passenger flow management. How to improve passenger transit in a terminal using biometric techniques?
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Hoy hemos asistido a BCSday18 el punto de encuentro de la ciberseguridad en Euskadi. What tasks are performed during the turnaround time of an aircraft? Entrevista a EnekoIrala en BrandsofSpain. What makes our contribution different? In , Azerbaijan became the first Asian country to contract an airport project to Ikusi.
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Somos especialistas en soluciones de seguridad. Y no es por casualidad. How to solve specific capacity problems at an airport? Strategic Thinking Bootcamp. Shaping the future of SmartCities. Por fin todos juntos. Grandes profesionales, mejores personas. Delays,cancellations and diversions: the most common daily airport incidents. Is Ikusi a good business partner for your company?
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Ya estamos preparados para asistir al CongresoCI. Permitir que los smartphones se conecten a redes desconocidas implica importantes riesgos de Ciberseguridad. We are worried about airport passenger experience. Meet us! Ready for another day. Cisco Marketing Velocity, in Barcelona. Cisco Marketing Velocity, en Barcelona.
How do FIDS help improve the passenger experience in the airport? Airports efficiency and innovation in airport operations. RT OrainIngurumena :. Aircraft tracking: what manoeuvres are included in the landing and takeoff phases? Today we are at IFAT introducing our new solutions! Ayer participamos en el roadshow lanzamiento zona norte de salesforce en el espacio Yimby Bilbao. We count on ACDM for an early detection of conflicts in resource allocation.
See it for yourself at AM! Employment Act [EA], No. Remarks: No explicit mention of an obligation to state the reasons for dismissal. If he or she fails to do so there shall be a presumption that the dismissal was unfair. See also the general provision of non-discrimination including in respect of termination of employment : art.
On pregnancy, see: art 49 1 EA: an employer who terminates the employment of an employee because of her pregnancy or for any reason connected with her pregnancy shall be guilty of an offence and liable to a fine and 5 years imprisonment. When disciplinary sanctions are exhausted within the year, the employer may proceed with the dismissal of the employee. In this case, the dismissal is considered justified. The decision to dismiss must include the reasons justifying the employee's dismissal.
Remarks: The FLA establishes a distinction between dismissal despido art. Under the FLA dismissal despido can only be justified by reasons related to the worker's conduct listed below. Before commencing service, the worker should inform the employer of the facts and submit a certificate signed by a medical practitioner; - if the worker receives an executory judgement sentencing him or her to a term of imprisonment preventing him or her from fulfilling the obligations under the employment relationship; and - on grounds similar to those laid down in the preceding clauses if they are of equal gravity and entail similar consequences as far as the work is concerned.
Note that poor performance of the worker is not a statutory ground for dismissal. No other economic reasons are listed. Note also that Art. In addition the Federal Law to prevent and eliminate discrimination of , last amended in defines discrimination as any distinction on the grounds of ethnic or national origin, sex, age, disability, social or financial condition, health condition, pregnancy, language, religion, opinions, sexual orientation, marital status or any other reason. In addition anti-Semitism and xenophobia are considered to be discrimination art.
However, this law does not establish any civil or criminal liabilities, but rather promotional administrative measures which can only be imposed on individuals provided that they have accepted the corresponding conciliation agreement. Fulfilling state duties and performing jury services — art FLA VIII : Employers must allow workers the necessary time to exercise their right to vote and to fulfil jury, electoral and registration services as observed in article 5 of the Constitution when the tasks must be fulfilled in working hours.
Art 88 1 a LC on economic dismissal. In addition, the necessity of the dismissal is to be proved before the court by the employer art. In addition to those grounds, are listed the place of residence and "other criteria not connected with professional qualities". 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.
Remarks: No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee art. Remarks: The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows art. In addition, an employee can be dismissed for the following reasons art. This protection also applies to a single father with a child under the age of 3. See also, art. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed art.
Note: following the amendments, the relevant article numbers have changed but not their content. Remarks: New in : The provision on valid grounds for dismissal has been substantially modified by the amendments to the LL adopted in December See also the following provisions which were already included in the LL: - Art. Therefore, what is new in is the introduction of a comprehensive provision on prohibited grounds for dismissal in addition to scattered provisions on discrimination or specific protection against dismissal in certain situations. In addition, compared to the grounds already prohibited in the LL, new grounds have been introduced : temporary absence from work due to illness, accident at work or occupational disease; parental leave, absence from work for child care , and recourse to competent authorities where the following issues are at stake infringement of employment rights, corruption, environmental threats.
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. New in December art. 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. Labour Act [LA], No. Remarks: sec. In addition constitute an unfair dismissal any dismissal based on: sex, race, colour, ethnic origin, religion, creed or social or economic status, political opinion and marital status sec.
On maternity leave, see sec. The prohibition does not apply if the employer has offered the employee comparable alternative employment; and she has unreasonably refused to accept that offer. Labour Code [LC], 25 Sep. Voir en particulier les articles et s. In case of dispute, the court assesses, on the basis of the circumstances, including the size of the enterprise, the extent to which the employer has fulfilled this obligation.
Dismissal on economic grounds: Need for substantiated written notification to the labour inspection Article 84 LC.
New in Sept. In addition a new provision expressly provides that HIV-AIDS and sickle cell disease cannot, in any way, justify the dismissal of an affected worker Art. 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 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. Prohibition of dismissal during pregnancy is included under Article 78 LC last point. Remarks: No statutory obligation to inform the worker of the grounds of termination.
Remarks: - Under Nigerian Law, employment contracts can be terminated at will. This principle of common law has been codified in sec. In addition, the LA also the employer's ability to dismiss on the grounds of redundancy. It is worth noting that according to secondary sources, there have been developments in the case law which contrast with the principle of termination at will.
Individual Employment Relations' August , in Prof. Blanpain, Prof. Colucci Eds. The National Industrial Court has used this provision in the area of termination of employment and stated in the Pengassan case, that " it is no longer fashionable in industrial relations law and practice to terminate an employment relationship without adducing any valid reason for such termination'. 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.
Remarks: According to Art. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.
Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable. An employee on maternity leave, parental leave including adoption leave for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay 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. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence. Remarks: 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. 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. Remarks: Any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request art. Remarks: The ERA provides for a remedy to any employee who has been "unjustifiably dismissed" see sec.
The statutory definition of involvement union activity includes trade union membership and also a number of grounds such as participation in a lawful strike, filing a complaint or participation in proceedings against an employer, submitting a personal grievance against an employer, taking an employment relations education leave; sec. Dismissal of employees is also prohibited during parental leave and during 26 weeks thereafter.
The dismissal of a pregnant employee is permitted if her state of health is materially affected by causes which are not related to pregnancy sec. Furthermore, Sec. Remarks: 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.
Remarks: If so requested by the employee, the reasons for termination may be indicated by the employer in the certificate of service which shall be delivered upon termination of the contract: art. During, this hearing, the employer shall explain to the employee the reasons for which he or she is considering dismissing him or her.
A dismissal is unfair if 1 it was made for prohibited reasons see prohibited grounds or 2 it was not "just and equitable" for the employer to terminate the contract of the employee. In assessing whether termination was just and equitable, the labour officer shall consider: i the code of discipline, ii the procedure followed by the employer in reaching the decision, iii the conduct and capability of the employee, iv compliance with the statutory procedural requirements, v the previous practice of the employer in dealing with similar circumstances.
Remarks: 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.
Remarks: According to the Art. Remarks: An employer is entitled to terminate an employment agreement with an employee only on the grounds provided in Article LC, namely: - Changes in technology, organisation of production and work, or a reduction of the scope of work resulting in a change in the number of staff or a change in the nature of the work, or the liquidation of the Company; - Inconsistent job performance due to insufficient qualifications or for health reasons; - Systematic violation by the employee of his or her labour duties; - A single gross violation by the employee of his or her labour duties; - Termination of an employment agreement with part time employees when they are replaced with full time employees; - Termination of an employment agreement with the management of an enterprise in connection with a change in ownership.
They are protected from harassment by the employer in connection with their functions and activities. Article 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. Any additional reasons subsequently alleged and differing from those set out in the said notice are invalid.
Remarks: The LC recognizes numerous disciplinary, non-disciplinary including capacity-based and economic reasons that are considered valid grounds for the termination of employment at the initiative of the employer that are listed in art. Remarks: No general prohibition of discrimination in the LC. However, the Act No 11 of 22 April prohibits discrimination in employment based on race, birth, disability, sex, social condition, political ideas. Remarks: - On trade union protection fuero sindical , see art.
The special protection applies to the following workers: the members of trade unions, where the unions are being established; the members of the executive committees of workers', trade unions' federations, confederations or central congresses, up to a maximum of 11 members, substitute members of the executive committee.
Elected candidates continue to enjoy trade union immunity even before they take office, and unsuccessful candidates are to continue to enjoy such protection for the entire month following the date of the election returns. If the communication referred to above is not made, immunity should be afforded to members of the executive committee and trade union representatives as from the date of their election.
An expectant mother may be dismissed only for valid reasons and with prior authorization of the judicial authorities. An expectant mother who receives notice of dismissal or of unilateral termination of her employment which has not been authorized by the competent labour court must submit to the employer or to any labour authority a medical certificate of her pregnancy within the 20 days of receipt of such notice of dismissal.
On completion of this formality the employee is entitled to immediate reinstatement in her employment plus payment in full of her remuneration as from the date of the dismissal. If she allows the said day period to expire without taking any action, she may submit the certificate and claim reinstatement at any time during the following three months, but in this case she is entitled only to back payment of her remuneration as from the date on which she submits the certificate. If the employer refuses to reinstate her, she may sue in the ordinary way for a reinstatement order.
Next to the UWV, the decision on the authorization of collective dismissals based on economic reasons can also be referred to a special committee, which has been established by a tripartite collective agreement, between the employer and worker representatives, approved by the competent administrative authority, Art. Furthermore, the DR lists several special circumstances under which an economic dismissal cannot be considered reasonable, see Art.
A refusal to grant authorization for the termination by both the UWV or the tripartite committee can be appealed to the district court Cantonal Court , Art. These are the worker's inability to perform his or her job, in case the employer has given the employee the opportunity to improve his or her work capacity; a serious refusal to follow instructions of the employer; any other serious misconduct of the employee OR any other comparable circumstances.
For a summary dismissal, important reasons are required. A non-exhaustive list of acts which amount to urgent cause is provided in Art. Such acts relate to the worker's conduct, i. Remarks: Race, sex; religion.. 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.
Remarks: 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. Remarks: In the Philippines, the employee has "the right to security of tenure" art. This means that an employee can only be dismissed for a just cause or an authorized cause and after the observance of the procedure laid down by the law Omnibus Implementing Rules, Rule XIV, sec. There is no general prohibition to dismiss a woman during her pregnancy, however pregnancy shall not be a ground for dismissal.
Labour Code Lei n. Remarks: Communication of the reasons for dismissal is always required. The employer is first required to provide the employee, with copy to the works council, a written statement detailing the reasons for dismissal based on specific facts statement of guilt - "nota de culpa" and the employee must be given an opportunity to respond to the allegations. For collective dismissals, the reasons for the dismissal shall be first given to the worker's representatives through the information and consultation procedures art.
The final decision is communicated to each employee and must clearly state the reasons for the dismissal art. Remarks: The right to job security and the prohibition of dismissal without a fair reason is embodied in the Portuguese Constitution. Article 53 of the Constitution provides that: "Workers shall be guaranteed job security, and dismissal without fair cause or for political or ideological reasons shall be prohibited.
The LC provides a non-exhaustive list of behaviours or acts that may constitute just cause for a dismissal including wilful disobedience to orders, breach of other employee's rights and guarantees, repeated provocation of conflicts with other employees, causing serious damages to the pecuniary interests of the company, persistent non-compliance with the due diligence obligation in performing the work, making false statements to justify absences, unjustified absence for 5 consecutive or ten non-consecutive days in a calendar year, failure to comply with the health and safety rules, unusual reduction of productivity A Unsuitability occurs in the following situations: - continued reduction in the employee's productivity or quality of work; - repeated damages to the equipment allocated to the job; - risks for the employee's own health and safety or to that of third parties.
In addition, the following requirements must be fulfilled: a there has been changes in the workplace resulting from the introduction of new technologies or equipment in the six months preceding the beginning of the dismissal procedure. The judgment of the Constitutional Court no. B In addition, unsuitability occurs in the context of complex, technical or managerial positions when the employee fails to reach the objectives previously agreed and it is practically impossible for the employment relationship to continue. In such case, changes to worker's positions resulting from the introduction of new technologies or equipment or modifications in the manufacturing or marketing process are also required.
It is also compulsory that the situation of unsuitability is not caused by the lack of safety and health conditions at work attributable to the employer art. Depending on the number of employees concerned, a distinction is made between collective dismissals and dismissals based on the elimination of the position. Both types of dismissal are allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons art.
NEW in : Under the original version of the LC, art 2 provided for a list of criteria to be followed to select the employee to be made redundant when more employees with the same post where present in the section; these were: 1 shorter length of service in the same post; 2 shorter length of service in the occupational category; 3 lower rank class of the occupational category, 4 shorter length of service in the enterprise.
Remarks: There is a general principle of non-discrimination in the LC. According to this principle, any employer is prohibited from discriminating any employee or applicant, directly or indirectly, on the basis of extraction, age, sex, sexual orientation, marital status, family condition, economic situation, education, social condition or origin, genetic information, reduced capacity for work, disability, chronic illness, nationality, ethnic origin, race, territory of origin, language, religion, political opinion or ideological opinions and trade union affiliation art. In addition, the LC specifically prohibits dismissals based on political, ideological, ethnic or religious grounds, even when the employer invokes a different reason art.
Lastly, the dismissal of a pregnant employee, an employee who have recently given birth or is breastfeeding or during parental leave is unlawful if the prior opinion of the competent administrative body is not requested art. However, according to article 63 LC, any dismissal of a pregnant employee, an employee who recently gave birth or is breastfeeding or any employee male and female on parental leave requires the prior favourable opinion of the competent authority Commission for Equality in Labour and Employment CITE.
Any disciplinary dismissal of those employees is always presumed to have been done without a just cause. The CITE shall issue its opinion within 30 days. If the opinion is unfavourable, the employer cannot dismiss the employee without having obtained a court decision recognizing the existence of a justified reason. In such cases, the burden of the proof lies on the employer. If a dismissal is declared unlawful by the courts the employer cannot oppose the reinstatement of the employee. As an alternative to reinstatement the employee is entitled to compensation.
Note also that under Article of the Labour Code, failure by the employer to ask for a prior formal opinion from this authority is in itself a ground of unlawfulness. In particular, the dismissal of a candidate for a trade union body or the Works Council or employees who are, or have been, members of such bodies within the last three years is always presumed to have been done without a just cause art. If the employer cannot prove that the disciplinary of dismissal was justified by a just cause, the workers' representative has the right to choose between reinstatement or compensation higher than the standard one art.
The court proceedings for challenging such dismissals are of an urgent nature art. Remarks: - Dismissal related to the employee's subjective reasons : the decision shall be issued in writing and shall specify the grounds for dismissal art. Remarks: - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee art. These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it.
Such dismissals are either individual or collective. This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer. 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.
Consolidated version dated 15 December However employees dismissed during pregnancy, maternity or adoption leave have the right to receive such statement without having to request it and regardless of the length of service. Remarks: There are six potentially fair reasons for dismissal under section 98 of the ERA: - the employee's capability or qualifications for performing work of the kind he or she was employed to do; - the employee's conduct; - the employee's retirement; - the employee's redundancy; - the employee could not continue to work in the position which he or she held without contravention either on his or her part or that of the employer of a statutory duty or restriction; - "some other substantial reason" justifying the dismissal of an employee holding the position that he or she held.
In addition, a dismissal is also automatically unfair if the principal reason for it involves: - unfair selection for redundancy sec. Remarks: No additional protection for specific category of workers besides the prohibition of dismissals based on the above-mentioned reasons.
Remarks: Article 81 of the Labour Code. Remarks: Article 3 of the Labour Code prohibits discrimination at work on several grounds. Article of the Labour Code prohibits to dismiss a pregnant worker and provides some protection against dismissals to women workers with children. Remarks: Article 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. Remarks: Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal. Remarks: The LL does not contain a list of prohibited grounds for dismissal. However, it contains a general prohibition of discrimination in work matter.
Race, color, or origin; 2. Remarks: - Women on maternity leave: Prohibition to dismiss a woman during maternity leave art. It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled art. Reasons for the suspension of the employment contract are listed in art. In Rwanda, there is no prohibition of termination of employment during the suspension period except for maternity leave, see art.
Remarks: No list of prohibited grounds in the LC but a general prohibition of "any form of discrimination in labour relations" sec. There is however an express reference to non discrimination for "claiming rights ensuing from the labour relations in a lawful manner" Sec. Note that the adoption of an Anti-discrimination Act has been discussed at the Parliament but no agreement has been reached so far However, this does not result in a total freedom of the employer to terminate the contract.
Remarks: Article 67 a LL. The notice period shall be calculated starting the day after the end of the leave or maternity leave. Remarks: No such obligation expressly provided in the LC. In addition constitute an unfair dismissal "licenciement abusif" , any dismissal based on the employee's opinion, trade union activities and trade union membership or non-membership Art.
In addition the LC provides that the employment contract is suspended in certain circumstances, such as: - the enterprise is temporarily closed down because the employer is performing compulsory military duties; - the worker is performing compulsory military duties; - absence of the employee as a consequence of a professional injury of disease; - absence of the worker not exceeding 6 months in the event of non-professional injury or disease. According to Art. 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.
Remarks: Either party may terminate the employment contract with notice. No grounds are required for dismissal with notice of a contract for an indefinite period sec. Dismissal on those grounds is prohibited under sec. The Act also make it an offence to commit an act of victimisation against a person because that person - has made or proposes to make a complaint or brought proceedings under this Act, - has furnished information or testified before any person performing any power under this Act or proposes to do so; - has made in good faith, allegation that a person has committed an unlawful act of discrimination sec.
The Employment Act Cap. Remarks: The EA does not require the employer to provide the reasons for termination with notice: Sec. In addition, the EA does not expressly stipulate any obligation to provide the reasons when dismissing without notice on the grounds of misconduct: sec. Remarks: - No valid grounds are listed for termination with notice.
For summary dismissal, specific grounds are listed: See sec. Economic reasons: not listed as such as a valid ground for dismissal. They are mentioned in two provisions related to benefits arising from "dismissal on the grounds of redundancy or by reason of any reorganization of the employer's profession, business, trade or work": see sec. Labour Code [LC], No. The reason for giving notice must be defined in the notice in terms of fact such that it may not be confused with a different reason, or the notice shall otherwise be deemed invalid.
The reason for giving notice may not be subsequently amended". Remarks: In Slovakia, the LC exhaustively sets out the grounds for dismissal with notice; no other ground may be added sec. Those grounds can be divided into 1 economic reasons, 2 reasons related to the individual worker disciplinary reasons, physical incapacity, poor performance This does not apply to dismissals with notice based on unsatisfactory performance of work, "less serious breach of labour discipline" and to summary dismissal.
Remarks: On the general prohibition of discrimination, see sec. This Act prohibits discrimination in employment relations including dismissal on grounds of sex which includes pregnancy, motherhood, sex or gender identification , religion or belief, race, nationality or ethnic origin, disability, age, sexual orientation, marital or family status, colour, language, political affiliation or other conviction, national or social origin, property, lineage or any other status. Note, that until April , that the list of prohibited grounds contained in the Labour Code sec.
As a result, sec. Two new grounds, which were not included in the Anti Discrimination Act have also been introduced in the LC sec. Remarks: Some categories of workers enjoy special protection which takes either the form of 1 a prohibition of notice during "a protection period" or 2 additional procedural requirements i. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing sec.
Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. Ordinary termination shall be justified by one of the listed reasons related to the worker's conduct, capacity and economic reasons.
Extra-ordination termination is in allowed in exceptional cases of severe violations of the employee's obligations exhaustively listed in art. No notice period is required in such cases. Specific rules relating to extra-ordinary dismissals are contained in art. The amendment foresees the possibility for the employer to offer a new adequate employment in line with art.
Remarks: The TEWA does not expressly require the employer to inform the employees of the reasons for dismissal except for disciplinary dismissal art. It might be that the employer shall be requested to inform the Commissioner of the reasons for dismissal when requesting approval. Note also that the employee shall also be afforded the opportunity to be heard during the approval process. Remarks: Except for the reference to "termination by reason of punishment imposed by way of disciplinary action" sec. However, art.
In particular, see Part. II, Title X, Chap. Remarks: The employment contract can be terminated by either party provided that notice period requirements are complied with. No list of valid grounds is provided. However, this does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. For Termination with immediate effect no notice fair reasons are requested.
Remarks: Amongst those prohibited grounds, only "trade union activities", "performing Swiss military service or civil service", "exercise of a constitutional right" and "solely frustrate the formation of claims of the other party arising out of the employment relationship" are specifically mentioned in the CO in art. This should be read in the light of art. Only additional safeguards timeframe during which dismissal is not possible are provided. This ground could constitute a cause for dismissal if it impairs cooperation within the enterprise.
L50 LC. L56 LC: any fair reason In addition there are some provisions on termination for economic reasons Art. L60 LC and summary dismissal for serious misconduct art. L56 LC and 7 of the Inter-occupational Collective Agreement on the prohibition of dismissal on the basis of trade union activities and membership, and on the basis of the opinions of the worker.
L LC on the prohibition of dismissal during the suspension of the contract due to maternity leave no reference to prohibition of dismissal on the basis of pregnancy Art. Cadence is the eldest granddaughter of the beautiful and privileged. Sinclair family who spend every summer together on their In what ways does it accurately describe the events and relationships portrayed in the novel 8. A beautiful and distinguished family. A private island. A brilliant, damaged girl All books are in clear copy here, and all For Daniel.
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