Unfair dismissal is defined as the termination of an employment contract by the employer without a legitimate justification or in violation of legal procedures, such as failure to conduct an investigation or provide prior notice.
The law abolishes Form No. 6, restricts unilateral dismissal, and designates the labor court as the sole competent authority. Compensation shall not be less than two months’ salary for each year of service.
Forms of Unfair Dismissal without Any Justification
Discriminatory Dismissal: Termination based on gender, race, religion, age, disability, or pregnancy.
Retaliatory Dismissal: Termination due to filing a complaint, refusing unlawful acts, or claiming legal rights (such as wage increases or leave entitlements).
Dismissal without Cause or Notice: Termination without documented misconduct, without legal notice, or forcing the employee to sign a resignation (Form No. 6).
Dismissal Due to Pregnancy: Termination of a female employee due to pregnancy, childbirth, or Unfair dismissal maternity leave constitutes prohibited gender discrimination. Any such dismissal is null and void.