SPECIAL PROTECTION
Certain employees cannot be terminated at will and may only be dismissed for cause with prior authorization from the Ministry of Labor and Social Security (MTSS).
Protected categories include:
- Pregnant and breastfeeding employees.
- Minors.
- Union leaders.
- Employees who filed or testified in a sexual harassment case (while the investigation is pending).
- Employees on certified sick leave at the time of termination.
- Employees who filed or testified in acts of corruption.
Labor Courts may order precautionary reinstatement during litigation.
If the dismissal is found to be discriminatory, employers may owe compensation of up to 24 months of salary (lost wages) plus proven damages (e.g., psychological).
ANTI-DISCRIMINATION RULES
Discrimination is prohibited in hiring, employment, and termination.
Other protected conditions include age, ethnicity, sex, religion, race, sexual orientation, marital status, political opinion, national descent, social origin, affiliation, health condition, disability, union affiliation, economic situation or any other similar form of discrimination.
ANTI-SEXUAL HARASSMENT LAW
Employers must implement and disseminate an anti–sexual harassment internal policy as mandated per the Law Against Sexual Harassment in Employment and Teaching, including prohibitions and disciplinary measures to be applied if there are claims in the workplace.
Claimants and witnesses are specially protected employees who cannot be terminated without cause and prior MTSS approval.