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| C158 | |
|---|---|
| ILO Convention | |
| Date of adoption | June 22, 1982 |
| Date in force | November 23, 1985 |
| Classification | Termination of Employment - Dismissal |
| Subject | Employment security |
| Previous | Maintenance of Social Security Rights Convention, 1982 |
| Next | Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 |
Termination of Employment Convention, 1982 is an International Labour Organization Convention. Its purpose is to coordinate minimum levels of job security in the laws of ILO member states.
As of 2022, 36 states have ratified the convention. One of these states—Brazil—has subsequently denounced the treaty.
| Country | Date | Status |
|---|---|---|
| Antigua and Barbuda | 16/09/2002 | ratified |
| Australia | 26/02/1993 | ratified |
| Bosnia and Herzegovina | 02/06/1993 | ratified |
| Brazil | 05/01/1995 | denounced on 20/11/1996 |
| Cameroon | 13/05/1988 | ratified |
| Central African Republic | 05/06/2006 | ratified |
| Democratic Republic of the Congo | 03/04/1987 | ratified |
| Cyprus | 05/07/1985 | ratified |
| Ethiopia | 28/01/1991 | ratified |
| Finland | 30/06/1992 | ratified |
| France | 16/03/1990 | ratified |
| Gabon | 06/12/1988 | ratified |
| Latvia | 25/08/1994 | ratified |
| Lesotho | 14/06/2001 | ratified |
| Luxembourg | 21/03/2001 | ratified |
| The Republic of Macedonia | 17/11/1991 | ratified |
| Malawi | 01/10/1986 | ratified |
| Republic of Moldova | 14/02/1997 | ratified |
| Montenegro | 03/06/2006 | ratified |
| Morocco | 07/10/1993 | ratified |
| Namibia | 28/06/1996 | ratified |
| Niger | 05/06/1985 | ratified |
| Papua New Guinea | 02/06/2000 | ratified |
| Portugal | 27/11/1995 | ratified |
| Saint Lucia | 06/12/2000 | ratified |
| Serbia | 24/11/2000 | ratified |
| Slovakia | 22/02/2010 | ratified |
| Slovenia | 29/05/1992 | ratified |
| Spain | 26/04/1985 | ratified |
| Sweden | 20/06/1983 | ratified |
| Turkey | 04/01/1995 | ratified |
| Uganda | 18/07/1990 | ratified |
| Ukraine | 16/05/1994 | ratified |
| Bolivarian Republic of Venezuela | 06/05/1985 | ratified |
| Yemen | 13/03/1989 | ratified |
| Zambia | 09/02/1990 | ratified |
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Labour laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum set of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part, or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually thought to be the employee's fault, whereas a layoff is generally done for business reasons outside the employee's performance.
Unfair dismissal in the United Kingdom is the part of UK labour law that requires fair, just and reasonable treatment by employers in cases where a person's job could be terminated. The Employment Rights Act 1996 regulates this by saying that employees are entitled to a fair reason before being dismissed, based on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other substantial reason. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for becoming pregnant, or for having previously asserted certain specified employment rights. Otherwise, an employee must have worked for two years. This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason.
The Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.
The Right to Organise and Collective Bargaining Convention (1949) No 98 is an International Labour Organization Convention. It is one of eight ILO fundamental conventions.
A severance package is pay and benefits that employees may be entitled to receive when they leave employment at a company unwillfully. In addition to their remaining regular pay, it may include some of the following:
The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
Japanese labour law is the system of labour law operating in Japan.
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.
Iranian labor law describes the rules of employment in Iran. As a still developing country, Iran is considerably behind by international standards. It has failed to ratify the two basic Conventions of the International Labour Organization on freedom of association and collective bargaining, and one on abolition of child labor. Countries such as the US and India have also failed to ratify many of these Conventions and a mere 14 other Conventions, only 2 since the Islamic Revolution.
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave each year to each employee with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work and the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, has a growing body of rules regarding labour rights.
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction.
Labour law regulates the legal relationship in Bulgaria between individual workers and employees as well as between coalitions and representative bodies.
In French Labour Law a Dismissal is the breach of the employment contract by the employer. French Labour Law stipulates that an employment contract can be terminated by either of the parties. The 2008 reform of Labour Law introduced the possibility of a negotiated termination.