Labour Law and Labour Procedure
Core concepts
Labour law regulates the employment relationship: contract formation, rights and duties of employer and worker, working time, remuneration, leave, health and safety, termination and collective bargaining. The employment contract may be for an indefinite or fixed term, with strict limits on fixed-term use. Core worker rights include fair pay, rest, safety, and protection against dismissal without just cause. Termination requires a lawful ground and procedure, including the right to be heard.
Labour procedure covers conciliation, mediation and litigation before labour courts. Time limits for challenging dismissal are short and strictly applied.
Traps
- Assuming fixed-term contracts can be renewed indefinitely.
- Confusing disciplinary dismissal with dismissal for objective reasons (economic/technical).
- Forgetting that the worker must be heard before dismissal.
- Missing short procedural deadlines.
Rule of thumb
For dismissal questions, verify: lawful ground, correct procedure (hearing), written notice, and compliance with the time limit to challenge.
Worked example
A worker is dismissed for alleged misconduct without a hearing. Even if the facts were true, the procedural defect may render the dismissal unlawful, entitling the worker to reinstatement or compensation.