Wednesday, December 06, 2006

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[IWS] ILO: Termination of Employment - COMPARATIVE TABLES

IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations
-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor
---------------------- Stuart Basefsky
New York, NY 10016
-------------------------------Director, IWS News Bureau
________________________________________________________________________

International Labour Organization (ILO)
Social Dialogue, Labour Law and Labour Administration


Termination of Employment Digest: COMPARATIVE TABLES
http://www.ilo.org/public/english/dialogue/ifpdial/info/termination/tables.htm

These tables are intended to set out basic information relating to termination of employment in a way that is easily readable and assists basic comparative analysis. For reasons of space, some of the entries in the tables will be generalizations; if a fuller picture is required the national summaries for each country and the relevant national legislation should be consulted.

Table 1
http://www.ilo.org/public/english/dialogue/ifpdial/info/termination/downloads/table1.pdf
deals with the basic parameters of national statutory unfair and unjustified dismissal schemes, starting with the question of whether dismissals must be justified by the employer. This table also deals with the procedural questions of whether consultation with employee representatives and administrative authorization are required for individual dismissals (table 4 deals with collective dismissals). Finally, this table also sets out the statutory compensation that is generally granted, and whether reinstatement is available to unfairly or unjustifiably dismissed employees.

Table 2
http://www.ilo.org/public/english/dialogue/ifpdial/info/termination/downloads/table2.pdf
deals with the issue of statutory notice requirements: the minimum period of notice, if any, provided by statute and whether the employer can make a payment in lieu of notice.

Table 3
http://www.ilo.org/public/english/dialogue/ifpdial/info/termination/downloads/table3.pdf
deals with specially protected situations in relation to dismissal, including that of trade union representatives, women on maternity leave and other specially protected workers, in particular workers protected by anti-discrimination law.

Finally,
Table 4
http://www.ilo.org/public/english/dialogue/ifpdial/info/termination/downloads/table4.pdf
deals with statutory requirements for collective dismissals. These comprise whether an employer must consult with employee representatives and whether administrative notification or approval is required. The table also addresses other aspects of collective dismissals, i.e. statutory severance pay that is due to the worker and whether a social plan is required.

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This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.

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Stuart Basefsky                   
Director, IWS News Bureau                
Institute for Workplace Studies 
Cornell/ILR School                        
16 E. 34th Street, 4th Floor             
New York, NY 10016                        
                                   
Telephone: (607) 255-2703                
Fax: (607) 255-9641                       
E-mail: smb6@cornell.edu                  
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