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Termination and Severance Policies

Learn about the legal processes for employee termination and severance in Comoros

Notice period

In Comoros, the labor law does not explicitly prescribe fixed notice periods for employment termination. Instead, legal principles established in the Labour Code guide the termination process.

Employer-Initiated Termination

The Labour Code emphasizes providing a written termination notice to the employee. While no specific notice period is mandated, the written notice serves as a professional courtesy and allows the employee time to prepare for job search and transition.

Employee-Initiated Termination

The Labour Code does not specify a mandatory notice period for employee resignations. However, employment contracts often stipulate a notice period that the employee must adhere to during resignation.

Exceptions and Considerations

Serious Misconduct: In cases of gross misconduct by either party, termination can occur without notice.

Collective Agreements: Industry-specific collective bargaining agreements may outline specific notice periods for termination.

Severance pay

In Comoros, the Labour Code addresses terminations and compensation, but it lacks specific provisions for a structured severance pay system. The code does mention termination indemnities, which could potentially refer to compensation for workers whose employment is terminated. However, without clear legal mandates, severance practices in Comoros might vary across employers.

Potential Influences

Industry-specific collective agreements between unions and employers could establish rules for severance pay. Individual companies in Comoros might also have internal policies outlining severance or termination pay practices. Additionally, as a former colony of France, Comorian labor law may have historical roots in the French system, which has severance pay provisions. However, this is purely speculation.

Guidance for Employees and Employers

If you're an employee or employer in Comoros seeking detailed severance entitlement information, here are the best approaches:

  • Thoroughly consult any existing employment contracts or industry-specific collective agreements.
  • Reach out to the Ministry of Labor in Comoros for guidance on severance pay practices.
  • Consult a labor law expert in Comoros for a definitive interpretation of current laws and practices.

Termination process

Employers in Comoros have the right to terminate employment contracts, but they must follow specific procedures and adhere to legally protected grounds as outlined in the Comoros Labor Code.

Valid Grounds for Termination

Employers can dismiss an employee based on serious misconduct or behavior that makes the continuation of the working relationship impossible. Termination is also permitted if the employee is unable to fulfill their professional duties due to incapacity.

Prohibited Grounds for Termination

The Labor Code of Comoros strictly prohibits termination on grounds such as trade union activity or membership, nationality, color, race, social origin, gender, family responsibilities, pregnancy, marital status, religion, or political opinion. Termination is also prohibited for exercising worker representation rights, filing a good-faith complaint against the employer for alleged law violations, absence due to maternity leave, illness, or accident (certified by a physician), and reporting harassment.

Special Protection: Maternity Leave

A woman who has given birth within the past 15 months has the legal right to terminate her employment contract at any time without having to provide prior notice or pay indemnity.

Termination Procedure

The termination process involves several steps. Firstly, the employer must provide written notice of termination to the employee, clearly stating the reasons for the termination. Secondly, the employee must be given the opportunity to defend themselves or provide explanations regarding their conduct or capacity. In some cases, the employer may be required to consult with the Consultative Council of Labour and Employment (CCTE) before termination, particularly in case of redundancies. Finally, the employer must pay all outstanding salary and benefits.

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