TERMINATING AN EMPLOYEE IN DJIBOUTI

1️⃣ Documentation
Any termination must be justified by a real and serious reason. Otherwise, the employer risks being condemned for wrongful dismissal.

👉 Ensure to gather :

• Signed employment contract

• Applicable internal regulations

• Oral and written testimonials

• Warning letters

• Emails

• Performance reports

2️⃣ Termination Letter
Although a pre-dismissal hearing is not required by law, it is strongly recommended to hold one to secure the legality of the process.

The dismissal must be notified in writing to the employee and to the Labour Inspectorate within 48 hours.

The letter must include :

• Specific reasons for dismissal

• Identity of both the employee and the employer

• Hiring date

• Employee's professional qualifications

3️⃣ Indemnities
The employee is entitled to receive the following :

• Salary
• Any applicable allowances
• Accrued unused paid leave
• Seniority bonus (if applicable)
• Compensation in lieu of notice (except for gross misconduct) 
• Jobseeker's allowance (if applicable)

4️⃣ Work Certificate
The employer must provide this document to the employee, failing which he may be liable for damages.

The certificate must state:

• Start and end dates of employment

• Nature of positions held

• Professional category (if applicable)

⚠️ It is forbidden to add negative comments or biased information.

ℹ️ Important note:
This guide applies to dismissals for personal reasons (e.g., incompetence, underperformance, minor misconduct).
Gross misconduct is subject to strict interpretation (e.g., insubordination, serious breach of company rules, threats, insults, repeated tardiness…). In case of dispute, the court shall evaluate the seriousness of the misconduct.

🚨 Please note: Economic redundancy is subject to specific rules.