⚖️ Labour Proclamation No. 118/2001 • Articles 28 & 36 🇪🇷

Eritrea Notice Period & Unfair Dismissal Calculator

Calculate statutory notice indemnity in lieu (1 to 3 months), Labour Relations Board compensation (6 to 12 months), and severance settlements.

Dispute Scenarios:

⚙️ Case & Contract Specifics

ERN
Years

Determines statutory notice: <2y: 1mo | 2-5y: 2mo | >5y: 3mo.

Labour Board Finding: Unlawful Dismissal:

Check if separation was arbitrary, retaliatory, or lacking legitimate statutory cause.

Days
Total Employer Liability / Employee Recovery Unfair Dismissal Finding
109,615 ERN ERN Nakfa
≈ $7,308 USD Equivalent (at 15.00 ERN/USD peg)
Unfair Compensation 67,500 ERN
Notice in Lieu 15,000 ERN
Severance + Leave 27,115 ERN

Labour Relations Board Award Ledger Labour Proclamation 118/2001

1. Basic Wage Reference 7,500.00 ERN / month
2. Article 28 Notice in Lieu Indemnity (2 Months) 15,000.00 ERN
3. Article 36 Unlawful Dismissal Compensation (9 Months) 67,500.00 ERN
4. Article 35 Statutory Severance Pay (4 Years Service) 22,500.00 ERN
5. Accrued Unused Annual Leave (16 Days) 4,615.38 ERN
6. Total Binding Financial Obligation 109,115.38 ERN

Protected Rights & Non-Derogable Guarantees

Maternity & Medical Immunity

Employers are strictly prohibited from serving notice or executing dismissal while a female employee is on statutory maternity leave (60 days) or while any worker is on certified sick leave.

Board Arbitration

Labour Relations Board awards have the force of a final court judgment, enforceable through judicial writ execution against employer commercial accounts.

Eritrea Notice & Unlawful Dismissal Statutory Matrix

Authoritative comparison of notice obligations and remedies codified in Proclamation 118/2001.

Service Tenure / Case Notice Period (Art. 28) Notice in Lieu Unfair Dismissal Sanction (Art. 36) Severance Eligibility
Under 2 Years Service 1 Full Month 1 Month Basic Wage 6 to 12 Months Wages 2 wks/yr (min 1 yr)
2 to 5 Years Service 2 Full Months 2 Months Basic Wage 6 to 12 Months Wages 4 wks + 1 mo/yr
Over 5 Years Service 3 Full Months 3 Months Basic Wage 6 to 12 Months Wages Max 12 Months Wages
Gross Misconduct (Art. 29) 0 Days (None) 0 ERN 0 ERN (Lawful Summary) Forfeited (0 ERN)

Frequently Asked Questions: Eritrea Notice Periods & Unfair Dismissal

What are the statutory notice periods required under Eritrean labour law?

Under Article 28 of Transitional Labour Proclamation No. 118/2001, written notice of contract termination must be given: 1 month for continuous service of less than 2 years; 2 months for continuous service between 2 and 5 years; and 3 months for continuous service exceeding 5 years.

What compensation is awarded for unfair dismissal in Eritrea?

Under Article 36 of Proclamation 118/2001, if the Labour Relations Board or competent court determines an employee was dismissed unlawfully without valid statutory grounds, the employer may be ordered to reinstate the employee with full back-pay or pay special compensation ranging from 6 to 12 months of the employee's basic wage, in addition to notice in lieu and statutory severance pay.

What constitutes unlawful or unfair dismissal in Eritrea?

Unlawful grounds include termination due to trade union membership or participation in lawful labor activities, filing a grievance or legal action against the employer, discrimination based on race, sex, religion, or ethnic origin, and termination during certified statutory maternity or sick leave.

Can an employer terminate employment immediately without notice?

Immediate summary dismissal without notice is permissible only for serious statutory misconduct (such, deliberate damage to property, assault, or gross insubordination under Article 29). In all other cases, terminating without notice requires full payment of notice indemnity in lieu.

How does an employee appeal an unfair dismissal in Eritrea?

An aggrieved employee may file a formal complaint with the regional Labour Relations Office within the Ministry of Labour and Human Welfare. If conciliation fails, the dispute is referred to the tripartite Labour Relations Board for a binding arbitral award.

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Standardized strictly in compliance with Articles 28, 29, 35, and 36 of Transitional Labour Proclamation No. 118/2001 and Ministry of Labour and Human Welfare tribunal standards. Local in-browser execution guarantees total client privacy for confidential legal disputes.

📊 State of Eritrea Inland Revenue Department (IRD) Matrix

Statutory Component / Legal Deduction Item Calculated Amount (ERN)
Primary Net / Statutory Payable Amount 0.00 Nakfa