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iWorkGlobal specializes in workforce expansion and management across all 50 U.S. states and in over 170 countries.
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North America
Canada
Jamaica
Mexico
Puerto Rico
United States
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. From Alabama to Barbados, our employment experts ensure you are compliant, whether you’re engaging independent workers or managing payrolled workers.
Employment relationships in Canada are governed by both legislation and the common law. Generally, the provinces have jurisdiction over labour and employment law. The federal government retains jurisdiction in certain circumstances, such as specific works and undertakings with exclusive federal jurisdiction (e.g., shipping, railways and banks).
The principle behind employment relationships in Mexico is “employment stability.” In general terms, employees can be terminated only for a “justified cause.” Termination without a justified cause will amount to unjustified dismissal, and statutory severance will need to be paid to the employee.
When reviewing current labor laws in Puerto Rico, it is important to bear in mind that federal law regulates some areas, local law regulates other areas, and both regulate still other areas.
State laws vary from state to state and city to city in the U.S. We can help you engage workers anywhere in the U.S.
Central America
Bahamas
Barbados
Belize
Bermuda
Cayman Islands
Costa Rica
Dominican Republic
El Salvador
Grenada
Guatemala
Honduras
Nicaragua
Panama
Trinidad and Tobago
St Lucia
St. Vincent and the Grenadines
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. Wherever you have talent, our employment experts ensure you are compliant, whether you’re engaging contractors or managing payrolled workers. To learn more about a specific country, click on the country name above.
The legislation that applies to all businesses operating in The Bahamas with respect to employment matters is the Employment Act, 2001 (the “Employment Act”) and the Health and Safety at Work Act. The Employment Act is also applicable to all individuals carrying out work in The Bahamas.
Since March of 2001 when the Employment Act 2000 ( “EA 2000”) came into effect, employers in Bermuda are required to have a valid reason to terminate the contract by reason of s.18. A clause in the contract that purports to give the employer the right to terminate “at will” (i.e. without just cause) is unlawful and thus unenforceable.
Costa Rica is a Constitutional Republic. Regulations and decrees are superseded by laws. National laws are superseded by International Conventions approved by the Costa Rican Legislature. International Conventions are superseded by Constitutional provisions.
In the Dominican Republic, employers and employees are bound in their labor relationship by Labor Contracts. The Labor Code foresees three different types of Labor Contracts: (i) labor contracts for an indefinite time, (ii) for a limited time or, (iii) for a specific job or service.
The Salvadoran Constitution recognizes and protects the right to work. It states that employment has a social function and the State must protect it. It also recognizes the right to social security and to form unions. In addition, the rights granted in favor of workers cannot be waived.
Guatemalan legislation states that the right to work serves as a guaranty for workers to have equal economical rights, thus granting them preferential legal protection and a minimum amount of social guaranties to protect the worker. Additional guaranties may be granted to a worker depending on individual and collective hiring.
Labor laws in Honduras are basically contained in the Labor Code and labor regulations, which regulate labor relations between employers and employees. 90% of the labor force of a company must be Honduran employees and 85% of the total payroll must be paid to Honduran employees.
The Political Constitution of the Republic of Nicaragua recognizes and protects work as a right and a social responsibility. The State shall promote the full and productive employment of all Nicaraguans under conditions that guarantee the individuals fundamental rights.
Panama Constitution recognizes and protects work. Government shall promote full employment policies and guaranty all employees’ necessary condition for a decent life.
The concept of “at will” employment does not apply in Trinidad and Tobago. The employer-employee relationship in Trinidad and Tobago is informed and guided by relevant legislation, the common law and collective agreements (where these have been entered into by an employer and union).
South America
Argentina
Bolivia
Brasil
Chile
Colombia
Ecuador
Guyana
Paraguay
Peru
Suriname
Uruguay
Venezuela
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. Wherever you have talent, our employment experts ensure you are compliant, whether you’re engaging contractors or managing payrolled workers. To learn more about a specific country, click on the country name above.
The Argentine Constitution contains the overriding principles governing labor relationships. These basic principles include freedom of employment; the right to work in a dignified and equal manner; to earn appropriate wages that cannot fall below a minimum declared by law; to be entitled to paid breaks and vacations; and equal remuneration for equal work.
The Consolidation of the Labor Laws ("CLT") is the main legal system that rules labor relationships in Brazil; it currently contains over 900 articles. Although the CLT was enacted in 1943, through the years, the Brazilian legal system has been modified with the creation of several laws and regulations ruling certain labor issues. With the enactment of the new Federal Constitution in 1988, even more new labor rights were added to the body of the CLT.
General principles of labor law state that employment has a very relevant social significance. Therefore, every person is free to hire, be hired and engage in any lawful employment relationship. Chilean Constitution recognizes and protects freedom of employment.
Colombian labor regulation may be found on the Political Constitution of 1991 (which states the most important fundamental and labor rights), the Substantive Labor Code and its amended laws, and international treaties and conventions duly ratified by Colombia.
In Ecuador, the general rule is that contracts are of indefinite duration. Termination for just cause requires a preliminary administrative process called “visto bueno” by which a labor authority authorizes termination of employment not subject to compensation; it can only be obtained when the grounds provided in the Labor Code exist.
Peru is not an “At-Will” employment country, which means that the employer is not free to dismiss an employee for any reason or no reason at all. Indeed, employees in Peru can only be dismissed from their job for a just cause under the law.
The majority of the governments that have ruled in Uruguay have considered labor law as an important issue. Evidence of the importance given to labor law, is found in our national constitution, where the right to work is a fundamental constitutional right and have been placed at the same level as other rights such as for example, the right to life, freedom or property.
In Venezuela, employees generally may only be terminated for just cause, as defined by law. Under the Venezuelan Labor Law or LOTTT. This situation is called relative labor stability and does not apply to executive-management employees, who are basically at-will employees.
Europe
Albania
Armenia
Andorra
Austria
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Channel Islands
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Gibraltar
Greece
Hungary
Iceland
Ireland
Italy
Kosovo
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia
Malta
Moldova
Monaco
Montenegro
Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Turkey
Ukraine
United Kingdom
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. Wherever you have talent, our employment experts ensure you are compliant, whether you’re engaging contractors or managing payrolled workers. To learn more about a specific country, click on the country name above.
Employment relations in the Republic of Albania are governed mainly by Law no. 7961, dated 12.07.1995 "On Labor Code in the Republic of Albania" as amended (hereinafter referred to as "Albanian Labor Code"); Law no. 7703, dated 11.05.1993 "On Social Insurance in the Republic of Albania" as amended (hereinafter referred to as "Law on Social Insurance"); and other normative acts issued by the Albanian government in order to regulate different features of the employment area based on the rapid social and economical changes that occur.
Austria generally is an "at-will" employment jurisdiction with respect to the hiring of employees. Basically a legal requirement to give preference to any particular person or group of persons when hiring does not exist.
The Labor Code of the Republic of Belarus (“Labor Code”) distinguishes between employment for an indefinite term and employment for a fixed term. Moreover, the Labor Code envisages employment contracts as the principal form by which employment relationships are governed in Belarus.
Belgian law does not recognise "at-will employment." An indefinite term contract can always be terminated - even without a cause - as long as reasonable notice is given or an equivalent severance indemnity is paid.
The Bulgarian labour law (BLL) establishes the just-cause employment law system. Thus, the Bulgarian employer may unilaterally terminate the relationship with the employee only under a specific cause for termination. The causes for termination are exclusively listed in the Bulgarian Labour Code (LC).
Croatia may generally be categorised as an "at-will" employment jurisdiction. However there are a few statutory exceptions from this principle.
Cyprus law in the area of termination of employment is based on statutory provisions and their interpretation by Cyprus courts in a number of cases. On the other hand, every employment relationship is contractual in nature and, to the extent that any aspects are not regulated by specific legal provisions, basic contract law principles apply.
In the Czech Republic, issues related to labour and employment law are primarily regulated by the Labour Code, Act No. 262/2006 Coll., as amended, which became effective on January 1, 2007, and by the Employment Act No. 435/2004 Coll., as amended. The Czech Labour Code is in accordance with the International Work Organization’s international treaties on labour law and with other relevant European legislation.
Danish labour and employment law is historically, and in its main structures, based on contract law and principles. When answers are not found in employment laws or in a collective bargaining agreement, the employment agreement and ordinary rules and regulations of interpretation shall prevail.
Finland follows the civil law tradition and, therefore, Finnish law does not recognize the common law concepts of "at-will" and "just cause" as such. The Employment Contracts Act (55/2001, as amended, the "ECA") constitutes the main legal framework of Finnish labor law and sets forth the general conditions regarding the hiring of employees and the termination or rescinding of employment contracts.
In France, employment law affords employees a strong level of protection. Most statutory provisions are mandatory (a.k.a. “public order rules”), thus allowing little flexibility through contractual provisions.
The German Labor and Employment Law system is not codified in a special labor code, but can be found in various laws, including the German constitution (Grundgesetz), regulations, and collective bargaining agreements between employers, employers' associations, and unions. German Labor and Employment Law generally is intended to protect the employee.
In Gibraltar individuals are considered employees if they have entered into or work under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise. The contract may be express or implied, oral or in writing and be a contract of service or a contract personally to execute any work or labour.
Greek labor and employment law is generally favorable and protective toward the employee; thus, usually the First Instance Courts (Labour Disputes Division), which rule on labour litigation, are also in favor of the employees.
In Hungary, major labor and employment issues are regulated in the Labor Code. Collective bargaining agreements and employment contracts may rule any employment issue, and may deviate from the provisions of the Labor Code only for the benefit of the employee unless the Labor Code or special law for publicly owned corporations provides otherwise. This Labor Code – in effect as of July 2012 - gives more power to the employer to deviate from its provisions for the employer’s benefit than the earlier one.
Irish law does not recognise the concept of "at will" employment in the way in which other jurisdictions such as the U.S. recognise it. In Ireland, the common law position is that an employer can dismiss an employee for any or no reason, on the giving of reasonable notice. It is the giving of notice which distinguishes it from the "at will" concept recognised in other jurisdictions.
Pursuant to Italian Law, employees have a strong protection against dismissal. The employer is allowed to dismiss the employee with immediate effect if the employee is guilty of serious misconduct, defined by Italian law as "just cause" that renders impossible the continuation of the employment relationship.
The Employment and Industrial Relations Act - Chapter 452 of the Laws of Malta (EIRA) represents Malta’s primary source of employment law, including conditions of employment, protection against discrimination and industrial relations. This statute was enacted in 2002 with a view towards consolidating the previous primary sources of employment law namely the Conditions of Employment (Regulation) Act (Chap. 135 of the Laws of Malta) and the Industrial Relations Act (Chap 266 of the Laws of Malta). This consolidation exercise also served to bring Malta’s employment law in line with European employment law.
An employment contract in the Netherlands may be agreed to orally, but is generally confirmed in writing. Collective agreements usually set rules for the required form of the contract. Employers are legally obliged to give their employees a written statement within one month of commencing employment.
The parties of the Norwegian labour market are employers, employees, employers' associations and trade unions. Established trade unions enjoy a favored status within the field of industrial relations and, under certain circumstances, have more extensive rights than individual employees. Approximately 50 per cent of the Norwegian employees are unionized.
The individual employment contract is the primary form of employment relationship regulated by the major act of Polish Labor Law, i.e., the Labor Code ("Pol. Lab. Code"). An employment contract is to be concluded in writing and must specify the parties to the contract, the type of contract, the date of its conclusion, as well as the work and remuneration conditions, and in particular: the type of work, the place of performing the work, the remuneration corresponding to the type of work, with a specification of the remuneration components, the length of working time and the date of commencing work.
Portugal is a just cause employment state. This means that the employer cannot terminate an employee's employment except in the strict situations regulated by the employment law. Employment relationships in Portugal are highly regulated. The primary source of employee rights is the Constitution, which enshrines rights such as the employee's right to strike.
Romania generally is an “at-will” employment jurisdiction with respect to the hiring of employees.
There are no laws or statutes pertaining to common law claims with respect to at-will v. just cause hiring in the Russian Federation. Refusing to conclude an employment agreement without justification is prohibited in the Russian legislation and may be challenged in court.
Labour relations in the Republic of Serbia have regulated with international and national sources.
The Slovak Labor Law system is codified in the Act No. 311/2001 Labor Code. Other important labor laws are e.g. the Act No. 125/2006 Coll. on Labor Inspection, The Act on Illegal Work and Illegal Employment and on Amendment of Certain Acts as amended by the Act No. 125/2006 Coll., Act No. 5/2004 on employment services and on amendment of certain acts (Employment Services Act), The Act No. 461/2003 on social insurance, The Act No. 2/1991 on Collective Bargaining.
Under the Spanish law employers do not have the possibility of “Employment-at-Will.” Therefore a reason for termination of the employment contract is always required. Since Spanish law is not a common law-based country, no claims for compensation can be filed other that those established in laws or by contract. There are several compensations concerning termination of employment contracts, depending on the type of contract (fixed term or indefinite) and the cause for termination (summary/disciplinary dismissal, objective dismissal, unfair dismissal, etc.).
In Sweden, employers are entitled to employ whomever they please provided that, in doing so, they do not discriminate on grounds of sex, transgender identity or expression, national or ethnic origin, religion, sexual orientation, disability, age or membership of a trade union.
Swiss employment law is not codified in a special law, but is found in various statutory sources.
The following legislation mainly regulates individual and collective relations and social insurance of employees in Turkey: The Labour Law No. 4857; The Code of Obligations dated No. 6098; Social Security and General Health Insurance Law No. 5510; The Law on Trade Unions and Collective Labour Agreements No. 6356; The Law on Work Health and Safety No. 6331. Other than legislative sources, judicial sources constitute another source of the Turkish labour law. Thus, decisions of the Constitutional Court and of the Court of Appeals are major sources that help to clarify the provisions of labour legislation as well as to interpret existing legislation as to meet emerging needs.
There is a difference between a "labor agreement" and "labor contract" according to the Ukrainian law. A "labor contract" is a specific form of a written "labor agreement." In a labor contract, the resolution of certain issues (including the term of the contract and the grounds for termination of the employment relationship) may be determined by the parties, and such issues are not subject to the requirements of the Labor Code.
In the UK individuals may be either employees (who work under a contract of employment), employee shareholders, or simply workers (usually independent contractors who work and are paid as and when needed). It is important to distinguish these categories of worker as many of the statutory employment rights relate only to employees and employee shareholders, and not to workers.
Bangladesh
Brunei
Cambodia
China
Hong Kong
India
Indonesia
Japan
Malaysia
Maldives
Mongolia
Myanmar
Philippines
Singapore
South Korea
Sri Lanka
Taiwan
Thailand
Uzbekistan
Vietnam
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. Wherever you have talent, our employment experts ensure you are compliant, whether you’re engaging contractors or managing payrolled workers. To learn more about a specific country, click on the country name above.
There are three primary sources of employment and labor law in the People’s Republic of China (PRC): the Labor Law, the Labor Contract Law, and the Trade Union Law. The Labor Law sets forth general rules on such items as working conditions, wages, and social insurance. The Labor Contract Law primarily regulates the formation, execution, and termination of employment relationships. The Trade Union Law governs the formation and role of trade unions.
Hong Kong does not have the concept of “employment-at-will” or “just cause employment.” However, subject to any statutory obligations to provide minimum notice, parties to a contract of employment may agree on the manner in which the contract may be terminated. In this regard, employment in Hong Kong may be considered "at-will."
India has a federal set up, which is similar (though not in the strictest of sense) to that of the United States of America. There are legislative branches at the Centre as well as each State. The Constitution of India classifies "labour" as a subject on which both the Central and the State governments are empowered to legislate. Therefore, there are both Central and State laws that govern issues relating to employment and labour in India.
Two concepts that characterize the traditional Japanese labor and employment situation found typically in regular employees of major companies have been “lifelong employment” (Shushin-Koyo) and “seniority system” (Nenko-Joretsu). With respect to the habitual practice of lifelong employment, an employer’s right to dismiss an employee has been severely restricted by the courts. With respect to the seniority system, under which it has been assumed that the base salary should continue to increase with advancing age, pay systems have been rigidly structured and most employers do not have the right to reduce the base salary of their employees.
Malaysia, employees can only be terminated for just cause or excuse. At-will termination of employment is not valid in Malaysia and the mere provision of the contractual notice period stipulated in the contract of employment would not protect the employer from potential claims under Section 20 of the Industrial Relations Act 1967.
There are no laws or statutes pertaining to common law claims with respect to at-will v. just cause hiring in Mongolia. As is the case with many post-socialist jurisdictions, the employment law in Mongolia is in general pro-employee and provides a wide range of guarantees to employees, including hiring and Just Cause termination of employment agreements.
There is no concept of “at-will employment” in the Philippines. Security of tenure is both a constitutionally and a statutory protected right. This right is protected by Section 3 of Article XIII of the Philippine Constitution and Article 294 of Presidential Decree No. 442, as amended (“Labor Code”). By virtue of this right, an employee may not be removed from his or her employment without observance of both substantive and procedural due process. Thus, an employee may generally be removed only for just cause or authorized causes under the Labor Code and in accordance with the procedure prescribed for termination.
The primary legislation governing employment in Singapore is the Employment Act, Chapter 91 (the "Employment Act"). The Employment Act extends to all employees, including workmen as defined in the Employment Act with the exception of: Any seafarer; Any domestic worker; Any person employed in a managerial or executive position who earns a basic monthly salary of more than S$4,500; and Any person belonging to any other class of persons whom the Minister for Manpower (the "Minister") declares not to be employees under the Employment Act.
For companies and employees subject to the Korean Labor Standards Act (“LSA”), disciplinary action against an employee, including termination of employment, requires "just cause." LSA Article 23. Although what constitutes just cause is not clearly defined in the LSA, as a matter of practice, it is a very stringent and high standard for an employer to meet. Just cause to terminate an employee may be based on one of three basic grounds: serious (or repeated) misconduct or wrongdoing; poor performance (over an extended period); or business reasons (i.e., layoff).
Subject to what is stated hereafter there is no statutory provision regulating the hiring of an employee. Employers are generally free to hire in accordance with their requirements and the necessities of the business. There is no provision of law expressly providing that reasons for a decision not to hire must be provided.
Article 9 of Taiwan's Labor Standards Act ("LSA") provides for a variety of employment relationships. Regardless of the type of employment relationship in question, i.e., a temporary employee, a short-term employee, a seasonal employee, an employee hired for a special work, or for continuous work (Article 9 of the LSA), the employer may only unilaterally terminate the relationship with just cause.
Thai law does not require an employer and employee to enter into a written employment agreement. However, for higher salaried positions, written employment agreements are normally entered into, and provide a record of agreed benefits to which the employee is entitled which may differ significantly from those of other staff, as well as a description of duties to be performed by the employee. In many cases such written contracts may also deal with other topics such as confidentiality and non-competition.
In Vietnam, labour relationships are established on the basis of labour contracts. In most cases, labour contracts must be written, but, in limited circumstances, oral contracts are allowed.[1] The parties to a labour contract may terminate the contract by agreement upon: (i) the expiration of the contract; (ii) the completion of the tasks stated in the contract; or (iii) for any reasons agreed to by the parties, provided that the reasons do not violate the provisions of Vietnamese law.
Middle East
Afghanistan
Azerbaijan
Bahrain
Georgia
Israel
Jordan
Kazakhstan
Kuwait
Kyrgyzstan
Lebanon
Oman
Palestine
Pakistan
Qatar
Saudi Arabia
Tajikistan
Turkmenistan
United Arab Emirates
Yemen
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. Wherever you have talent, our employment experts ensure you are compliant, whether you’re engaging contractors or managing payrolled workers. To learn more about a specific country, click on the country name above.
In Israel, many employment relationships are subject to the terms of collective agreements, collective arrangements and extension orders (see Sections XI.B.2.; XI.B.3.; XI.B.4, respectively). This chapter reviews the general rules relevant to employees, without taking into account the effect of the provisions of collective agreements, collective arrangements and extension orders that are not relevant to the entire work force.
There is no common law regarding hiring in Jordan. Employment is by contract only between the employee and employer.
The operative law governing employment relations in Oman for the private sector is Royal Decree No. 35 of 2003 (Labour Law) as amended. The Labour Law is supplemented by regulations, referred to as Ministerial Decisions, which are issued by the Minister of Manpower. Public sector employees (such as those employed by government departments, the armed forces, public sector teaching staff) and domestic workers are expressly excluded from the provisions of the Labour Law as they are subject to separate legislation. Currently, companies registered in the free zones are not excluded from the application of the Labour Law.
Employees are divided into two broad categories of workmen and managers. Workmen include skilled or unskilled labour and persons doing clerical jobs. Managers include supervisors and persons entrusted with works of a managerial nature. The employment laws in Pakistan mostly pertain to workmen. Non-workmen are governed by their contracts, and the law of contracts primarily manages their relationship with employers
The rules governing the employment of the majority of individuals working in Qatar are set out in Law No. (14) of 2004 ("Labour Law") as amended. The Labour Department ("Labour Department") of the Ministry of Administrative Development, Labour and Social Affairs ("Ministry") is the main agency of administration.
Employment in Saudi Arabia requires an employment contract, which can be terminated only with just cause. Article 74 of the Saudi Labor Law. Saudi law makes a distinction between employment for an indefinite term and employment for a fixed term.
The main legislation which applies to all businesses operating in the United Arab Emirates (UAE) in respect of employment matters is UAE Law No. 8 of 1980, as amended (the Labour Law). This is a federal law and, therefore, applies to each Emirate within the UAE and, with a few minor exceptions, covers all employees in the private sector in the UAE. Its application is mandatory to all individuals carrying out work in the UAE.
Yemen remains a just cause employment state. Employers may terminate an employee's contract only by mutual agreement or by just cause, as provided for by Law. Yemen legislation is based on civil law and hence common law is not applicable. Employees in Yemen are protected from termination by Statute. The relationship between employers and employees is governed by the provisions of the Yemeni Labour Law No. 5 of 1995 as amended in April 2008 (the "Law") and the employment contract.
Oceania
Australia
Fiji
Guam
New Zealand
Papua New Guinea
Samoa
New Caledonia
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. Wherever you have talent, our employment experts ensure you are compliant, whether you’re engaging contractors or managing payrolled workers. To learn more about a specific country, click on the country name above.
In Australia, the regulation of labor and employment is shared between the Federal legislature and the States. As a result, there are both Federal and State industrial relations and employment laws, although the Federal workplace relations system covers most Australian employers and employees. The information in this section focuses on Federal labor and employment law.
Under Guam law, “an employment having no specified term may be terminated at the will of either party, on notice to the other.” 18 G.C.A. 55404. This creates a strong presumption of at-will employment, which may be terminated by either the employee or employer with or without cause. The two recognized exceptions to the employment-at-will doctrine on Guam are: The public policy exception; the implied contract exception.
The New Zealand employment law regime is governed mainly by the Employment Relations Act 2000 ("ERA"). The ERA came into force on 2 October 2000 and represented a major re-haul of employment law from its predecessor, the Employment Contracts Act 1991 ("ECA"). Employment contracts are now called employment agreements.
Africa
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Central Africa Republic
Chad
Dem. Rep. of Congo
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Ghana
Guinea Conakry
Ivory Coast
Kenya
Lesotho
Liberia
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Senegal
Seychelles
Sierra Leone
South Africa
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zambia
Zimbabwe
Employment legislation varies from country to country, region to region, state to state, and sometimes even city to city. Wherever you have talent, our employment experts ensure you are compliant, whether you’re engaging contractors or managing payrolled workers. To learn more about a specific country, click on the country name above.
In Angola there is no concept of employment at-will. Regarding the concept of just cause, please refer to Chapter IV, Section A. Angola is a Civil law legal system. Common law claims thus do not exist, despite companies’ uses and customary practices being a potential cause of action for labor claims. Employees as well as employers may bring lawsuits in the event of some of its statutory rights are breached.
Employment law in Botswana is basically contractual in nature. Its sources are mainly legislation and case law. Common law is used in those areas which legislation has overlooked.
Labor and employment relations in the private sector in the Arab Republic of Egypt are primarily governed by the Egyptian Labor Law No. 12 for the year 2003 (the "Labor Law"), which supersedes the former labor law No. 137 for the year 1981. Ministry of Manpower (the “MOM”) issues ministerial decrees from time to time to complement the Labor Law. In general, the Labor Law is highly protective of employees, especially in the area of dismissals. This high protection reflects Egypt's socialist legacy.
Ethiopian employment law does not recognize at will hiring and firing. Employers have to comply with the requirements of the Labor Proclamation No. 377/2003 (the “Proclamation”), Labor Amendment Proclamation No. 466/2005, Labor Amendment Proclamation No. 494/2005 and the 1960 Civil Code of Ethiopia (the “Civil Code”) to legally terminate an employment relationship, and due process to hire employees.
The Employment law of Cote d’Ivoire has the same features with employment law of francophone countries member of OHADA (organization for the harmonization of business law in Africa) .
Employment and labour law in Kenya experienced substantial change at the end of 2007 with the enactment of five new labour statutes. In August, 2010, with the promulgation of Kenya’s new Constitution, employment and labour law went through a further radical change, with labour rights enjoying constitutional protection as fundamental socio-economic rights.
There are no laws or statutes pertaining to Common Law Claims in Morocco. Morocco is a civil law country. Termination of a contract has to occur for real and serious cause and sometime only with the authorization of the Moroccan administration. There are no laws or statutes pertaining to statutory claims in Morocco.
Mozambique is a Civil law legal system. Common law claims thus do not exist, despite companies’ uses and customary practices being a potential cause of action for labor claims.
Under Nigerian law, the relationship between an employer and employee is primarily regulated by contract rather than by statute. The principal laws that are relevant to the employment of persons in Nigeria are the Labour Act, chapter L1, Laws of the Federation of Nigeria 2004 (the Labour Act), as well as the principles of Nigerian case law based on judicial precedent. This statute and body of laws operate against the backdrop of the Constitution of the Federal Republic of Nigeria 1999 (the Constitution) and are void to the extent of any inconsistency with the provisions of the Constitution.
Employment law in South Africa is highly regulated, primarily by the law of contract. However, there is a network of legislation providing minimum protection for employees out of which employees and employers cannot contract. This legislation is found in a number of Acts that regulate, inter alia, maximum hours of work, overtime rates, minimum periods of annual leave, notice and protection from unfair dismissal, employment equity and skills development.
Employment in Tanzania is regulated by the Employment and Labour Relations Act, No. 6 of 2004, Employment as amended by the Written Laws Miscellaneous Amendment Act, 2010 and Labour Laws (Miscellaneous Amendments) 2015 (together referred to as "Act") and the Employment and Labour Relations (Code of Good Conduct) Rules, GN. No. 42 of 2007 being guidelines made under the Act ("Code of Good Conduct") and the Employment and Labour Relations (General) Regulations 2017 (“New Regulations”) .In addition The Non-Citizens (Employment Regulation) Regulations, 2016 regulates employment of foreign employees. All aspects of the employment relationship are provided for and regulated by the Act.
Uganda is a Just Cause employment country. This means that an employer must always have a lawful reason to terminate an employee’s employment. Except for cases of summary dismissal, notice must be given to terminate a contract of employment. Minimum durations of termination notices are provided in the EA.
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