In Timor-Leste, the Labor Code (Law No. 4/2012) governs labor regulations, including the acceptable grounds for termination of employment at the employer's initiative. These grounds include fair or just cause, such as repeated, unjustified absences from work, serious misconduct or breach of contract, dishonesty or acts of violence in the workplace, and incapacity of the employee due to illness or injury. Termination can also occur due to economic, technological, or structural reasons, such as closure of the business, market fluctuations affecting company viability, and the introduction of technology significantly changing the job.

Notice Requirements

Employers in Timor-Leste are required to provide advance notice of termination. The notice period depends on the worker's length of service. For workers who have served less than six months but more than three months, a 10-day notice is required. For those who have served six months or more but less than one year, a 15-day notice is required. For those who have served one year or more, a 30-day notice is required.

There are exceptions to these requirements. Immediate dismissal without notice is permitted in cases of serious misconduct by the employee. Employers and employees can mutually agree to terminate the contract, potentially waiving the notice period. Notice may not be required during a probationary period.

Severance Pay

In cases of termination of employment, Timor-Leste law mandates severance pay. The amount is calculated as one month's salary for every five years of service at the company.

In Timor-Leste, the constitution explicitly prohibits discrimination based on color, race, marital status, gender, ethnic origin, language, social or economic status, political or ideological convictions, religion, education, and physical or mental condition.

Provedoria dos Direitos Humanos e Justiça (PDHJ)

If you've experienced discrimination in Timor-Leste, you can seek redress through the Office of the Ombudsman for Human Rights and Justice. This independent human rights institution investigates complaints of discrimination and can mediate, conciliate, or advocate to resolve disputes.

Legal Action

Alternatively, you can file a civil lawsuit against the person or entity that you believe has discriminated against you. It's advisable to seek legal counsel to understand your options and the procedures involved.

Labor Tribunals

Labor tribunals are specialized courts that deal with employment-related disputes, including discrimination in the workplace.

Employer Responsibilities

Employers in Timor-Leste have specific responsibilities under the law to prevent discrimination and create a harassment-free workplace. They are required to:

• Develop and implement anti-discrimination policies: The Labor Code mandates employers to have clear policies against discrimination and harassment, which must be communicated to all employees.
• Provide training: Employers should offer regular training to employees and managers on recognizing, preventing, and addressing discrimination and harassment.
• Investigate complaints: All allegations of discrimination or harassment must be promptly and thoroughly investigated by employers.
• Take corrective action: Employers are obligated to take disciplinary action against offenders and take steps to protect the victim from further harm.

In Timor-Leste, a developing nation in Southeast Asia, the legal framework surrounding labor rights is still under construction. The Labour Code, which is expected to provide clear standards on work hours, rest periods, and ergonomics, is yet to be finalized. This leaves a gap in official guidelines on these aspects of working conditions.

Work Hours

The specifics regarding work hour limitations in Timor-Leste are not readily available due to the absence of a finalized Labour Code.

Rest Periods

Similarly, there are no official mandates on rest periods within the workday due to the pending Labour Code.

Ergonomic Requirements

The country also lacks regulations concerning ergonomic requirements in workplaces.

It's worth noting that the informal sector plays a significant role in Timor-Leste's economy. The working conditions in this sector are likely to be more variable and potentially less regulated. The implementation of the Labour Code is anticipated to provide a more defined framework for worker protections, including aspects such as working hours, rest periods, and ergonomics.

Timor-Leste has a comprehensive legal framework in place to ensure a safe and healthy work environment. This framework, Law No. 11/2023 on Safety, Health and Hygiene at Work, outlines the obligations of employers, the rights of employees, and the role of enforcement agencies.

Employer Obligations

Under this law, employers are required to prioritize the safety and well-being of their workers. This includes:

• Organizing the workplace: Employers are required to design and maintain workplaces, equipment, and processes in a way that minimizes risks. This includes ensuring proper ventilation, lighting, and ergonomic considerations.
• Providing safety equipment: Employers are responsible for providing personal protective equipment (PPE) that is appropriate for the specific hazards of the workplace.
• Implementing safety protocols: Employers must establish and enforce safety protocols. This includes signage, training programs, and emergency procedures.
• Maintaining a hygienic environment: Employers are required to maintain a clean and sanitary work environment. This includes providing access to restrooms and potable water.

Employee Rights

The law also guarantees employees the right to a safe and healthy workplace. This includes the right to:

• Be informed of workplace hazards: Employers must clearly communicate potential hazards associated with job duties and provide training on safe work practices.
• Refuse unsafe work: Employees have the right to refuse work that they believe presents a serious risk to their health or safety.
• Report unsafe work conditions: Employees have the right to report unsafe work environments to the relevant authorities without fear of retaliation.
• Utilize safety equipment: Employees have the right to use provided PPE and participate in safety training programs.

Enforcement Agencies

The Ministry of Labour and Employment (MLE) is the primary agency responsible for enforcing workplace safety regulations. The MLE conducts inspections and investigates complaints of non-compliance.