Explore workers' rights and legal protections in Timor-Leste
In Timor-Leste, the Labor Code (Law No. 4/2012) governs labor regulations, including the acceptable grounds for termination of employment at the employer's initiative. These grounds include fair or just cause, such as repeated, unjustified absences from work, serious misconduct or breach of contract, dishonesty or acts of violence in the workplace, and incapacity of the employee due to illness or injury. Termination can also occur due to economic, technological, or structural reasons, such as closure of the business, market fluctuations affecting company viability, and the introduction of technology significantly changing the job.
Employers in Timor-Leste are required to provide advance notice of termination. The notice period depends on the worker's length of service. For workers who have served less than six months but more than three months, a 10-day notice is required. For those who have served six months or more but less than one year, a 15-day notice is required. For those who have served one year or more, a 30-day notice is required.
There are exceptions to these requirements. Immediate dismissal without notice is permitted in cases of serious misconduct by the employee. Employers and employees can mutually agree to terminate the contract, potentially waiving the notice period. Notice may not be required during a probationary period.
In cases of termination of employment, Timor-Leste law mandates severance pay. The amount is calculated as one month's salary for every five years of service at the company.
In Timor-Leste, the constitution explicitly prohibits discrimination based on color, race, marital status, gender, ethnic origin, language, social or economic status, political or ideological convictions, religion, education, and physical or mental condition.
If you've experienced discrimination in Timor-Leste, you can seek redress through the Office of the Ombudsman for Human Rights and Justice. This independent human rights institution investigates complaints of discrimination and can mediate, conciliate, or advocate to resolve disputes.
Alternatively, you can file a civil lawsuit against the person or entity that you believe has discriminated against you. It's advisable to seek legal counsel to understand your options and the procedures involved.
Labor tribunals are specialized courts that deal with employment-related disputes, including discrimination in the workplace.
Employers in Timor-Leste have specific responsibilities under the law to prevent discrimination and create a harassment-free workplace. They are required to:
In Timor-Leste, a developing nation in Southeast Asia, the legal framework surrounding labor rights is still under construction. The Labour Code, which is expected to provide clear standards on work hours, rest periods, and ergonomics, is yet to be finalized. This leaves a gap in official guidelines on these aspects of working conditions.
The specifics regarding work hour limitations in Timor-Leste are not readily available due to the absence of a finalized Labour Code.
Similarly, there are no official mandates on rest periods within the workday due to the pending Labour Code.
The country also lacks regulations concerning ergonomic requirements in workplaces.
It's worth noting that the informal sector plays a significant role in Timor-Leste's economy. The working conditions in this sector are likely to be more variable and potentially less regulated. The implementation of the Labour Code is anticipated to provide a more defined framework for worker protections, including aspects such as working hours, rest periods, and ergonomics.
Timor-Leste has a comprehensive legal framework in place to ensure a safe and healthy work environment. This framework, Law No. 11/2023 on Safety, Health and Hygiene at Work, outlines the obligations of employers, the rights of employees, and the role of enforcement agencies.
Under this law, employers are required to prioritize the safety and well-being of their workers. This includes:
The law also guarantees employees the right to a safe and healthy workplace. This includes the right to:
The Ministry of Labour and Employment (MLE) is the primary agency responsible for enforcing workplace safety regulations. The MLE conducts inspections and investigates complaints of non-compliance.
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