Understanding the regulations around employment termination in Comoros is crucial for both employers and employees operating within the country.

Lawful Grounds for Dismissal

Employers in Comoros can terminate an employee's contract only with a valid and justifiable reason according to the Comorian Labor Code. These grounds include:

• Serious Misconduct: This covers actions such as theft, violence, harassment, insubordination, or being under the influence of alcohol or drugs at work.
• Incapacity: An employee's inability to perform their duties due to illness, injury, or other factors that permanently impair their ability to work.
• Economic or Technological Reasons: Redundancies or restructuring that necessitate a reduction in the workforce.

Prohibited Grounds for Dismissal

The Labor Code of Comoros explicitly prohibits employers from terminating employment based on certain grounds. These include race, color, nationality, or social origin, trade union activity, gender, marital status, pregnancy, family responsibilities, religion or political opinions, exercising worker representation rights, filing a complaint against the employer, maternity leave, illness, or medically certified accident, and reporting instances of harassment.

Notice Requirements

Prior to termination (except in cases of serious misconduct), employers must provide the employee with written notice. The notice period varies depending on the employee's length of service:

• Less than 6 months of service: 1 week's notice
• 6 months to 2 years of service: 1 month's notice
• More than 2 years of service: 2 months' notice

Severance Pay

Employees who are dismissed (excluding cases of serious misconduct) are entitled to severance pay. The amount is determined based on the employee's length of service and salary. Consultation with the Consultative Council of Labour and Employment is required for determination.

An important note is that a female employee who has given birth within the past 15 months can terminate her employment without notice or the need to pay any indemnity.

Comoros has a robust legal framework that protects individuals from discrimination, particularly in the workplace. The Constitution and the Labor Code are the primary sources of anti-discrimination legislation in Comoros.

Protected Characteristics

Discrimination is prohibited on the following grounds:

• Race, Color, and National Origin: Discrimination based on a person's race, skin color, ethnicity, or national origin is illegal.
• Sex: The Constitution of Comoros guarantees equality between men and women. Gender-based discrimination is unlawful.
• Religion: Discrimination based on religious beliefs or practices is not allowed.
• Political Opinion: Discrimination based on political affiliation or views is prohibited.
• Actual or Presumed State of Health (such as HIV and AIDS): The Labor Code explicitly bans discrimination based on health status.
• Disability: The Labor Code prohibits discrimination against persons with disabilities, although specific protections may require further clarification.

Redress Mechanisms

If an individual experiences discrimination in Comoros, they can seek recourse through the following channels:

• Labor Inspectorate: Employees can file complaints of discrimination with the Labor Inspectorate, which is responsible for investigating and enforcing labor laws.
• Courts: Individuals can pursue legal action through the court system if they believe they have been subjected to unlawful discrimination. The Labor Court has jurisdiction over employment-related discrimination disputes.

Employer Responsibilities

Employers in Comoros have a duty to prevent and address discrimination in the workplace. This includes:

• Creating Anti-Discrimination Policies: Employers should develop clear policies outlining a zero-tolerance stance against discrimination and establish procedures for reporting and investigating complaints.
• Training and Education: Employers should provide regular training to employees on anti-discrimination law and the importance of creating an inclusive workplace.
• Prompt Investigation of Complaints: Employers should thoroughly investigate any allegations of discrimination and take appropriate disciplinary action if wrongdoing is substantiated.

In Comoros, legal standards have been established to regulate working conditions. These standards include limitations on working hours, mandated rest periods, and some baseline safety considerations.

Work Hours

The legal working week in Comoros is capped at 40 hours, with a maximum of 130 hours per month. This sets the standard for calculating employee compensation. Overtime work is permitted in specific situations, but limitations exist:

• Overtime cannot exceed 20 additional hours per week.

Rest Periods

Comorian law mandates designated rest periods for employees:

• Daily rest period: Minimum of 12 consecutive hours, specifically for women and young workers.
• Weekly rest period: Encompasses 24 consecutive hours, typically observed on Sundays or Fridays.

Exceptions to Sunday rest periods may occur in situations deemed critical for safe operations or urgent matters. In such cases, employers must acquire temporary exemptions with the promise of compensatory time off.

Ergonomic Requirements

While there isn't readily available information on specific ergonomic regulations, Comoros adheres to International Labour Organization standards as a member state. These standards address workplace safety and ergonomics, although individual countries may have varying levels of enforcement.

The Comoros government enforces regulations to ensure a basic level of health and safety in workplaces. These regulations outline employer obligations, employee rights, and the enforcement bodies responsible for upholding these standards.

Employer Obligations

Comorian law mandates employers to prioritize worker safety and health by taking several crucial measures:

• Providing a Safe Work Environment: Employers must identify and address potential workplace hazards to minimize risks of accidents and illnesses.
• Safe Work Practices: Implementing safe work procedures and providing training to employees on how to perform their tasks safely is an employer responsibility.
• Personal Protective Equipment: When necessary, employers must furnish appropriate PPE to safeguard employees from specific job-related risks.
• First-Aid Facilities: Employers are obligated to maintain readily accessible first-aid facilities to address minor injuries or emergencies in the workplace.

Employee Rights

Employees in Comoros have fundamental rights regarding workplace health and safety:

• Safe Work Environment: Employees have the right to work in an environment free from foreseeable dangers to their health and safety.
• Refusal of Unsafe Work: Employees have the right to refuse work that they reasonably believe presents an imminent threat to their safety or health.
• Health Monitoring: In specific hazardous work situations, employees have the right to regular health monitoring to identify and address any work-related health concerns.

Enforcement Agencies

The Ministry of Employment, Labor, Vocational Training and Women's Entrepreneurship is the primary government body responsible for enforcing workplace health and safety regulations in Comoros.