Article 84
Pending the creation of the Labour Court, the ordinary court has the jurisdiction to determine the magnitude of offences other than those included in the preceding article.
Article 85
The employer may find himself unable to meet his obligations in the context of Article 82
- paragraph 3, particularly in the following cases:
1. the closing of the establishment by public authorities; and
2. catastrophe (flooding, earthquake, war) that cause material destruction and make it impossible to resume work for a long time. For death of the employer that cause the closure of the establishment, the workers are entitled to an indemnity equal to that of the notice period.
Article 86
The worker may find himself unable to meet his obligations in the context of Article 82 - paragraph 3, particularly in the following cases:
1. chronic illness, insanity, permanent disability; and
2. imprisonment.
In cases cited in the first paragraph above, the employer cannot be released from his obligation to give the prior notice.
Article 87
If a change occurs in the legal status of the employer, particularly by succession or inheritance, sale, merger or transference of fund to form a company, all labour contracts in effect on the day of the change remain binding between the new employer and the workers of the former enterprise.
The contracts cannot be terminated except under the conditions laid down in the present
Section.
The closing of an enterprise, except for acts of God, does not release the employer from his obligations as stated in this section III. Bankruptcy and judicial liquidation are not considered as acts of God.
Article 88
In businesses of a seasonal nature, as per list determined by a Prakas of the Minister in charge of Labour, the layoff of workers at the end of a work period cannot be considered as dismissal and does not result in any compensation. However, the lay-off shall be announced at least eight days in advance by a written notice conspicuously posted at the main entry of each work site, and if applicable, on each boat on which there is a work site.
Article 84
Pending the creation of the Labour Court, the ordinary court has the jurisdiction to determine the magnitude of offences other than those included in the preceding article.
Article 85
The employer may find himself unable to meet his obligations in the context of Article 82
- paragraph 3, particularly in the following cases:
1. the closing of the establishment by public authorities; and
2. catastrophe (flooding, earthquake, war) that cause material destruction and make it impossible to resume work for a long time. For death of the employer that cause the closure of the establishment, the workers are entitled to an indemnity equal to that of the notice period.
Article 86
The worker may find himself unable to meet his obligations in the context of Article 82 - paragraph 3, particularly in the following cases:
1. chronic illness, insanity, permanent disability; and
2. imprisonment.
In cases cited in the first paragraph above, the employer cannot be released from his obligation to give the prior notice.
Article 87
If a change occurs in the legal status of the employer, particularly by succession or inheritance, sale, merger or transference of fund to form a company, all labour contracts in effect on the day of the change remain binding between the new employer and the workers of the former enterprise.
The contracts cannot be terminated except under the conditions laid down in the present
Section.
The closing of an enterprise, except for acts of God, does not release the employer from his obligations as stated in this section III. Bankruptcy and judicial liquidation are not considered as acts of God.
Article 88
In businesses of a seasonal nature, as per list determined by a Prakas of the Minister in charge of Labour, the layoff of workers at the end of a work period cannot be considered as dismissal and does not result in any compensation. However, the lay-off shall be announced at least eight days in advance by a written notice conspicuously posted at the main entry of each work site, and if applicable, on each boat on which there is a work site.
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