SECTION 39

(1) Every wrongful termination of a contrat may entail damages. In particular dismissals effected because of the opinions of the worker or his membership or non-membership of a particular, trade union shall be considered to be wrongful. (2) The competent court may ascertain the wrongful nature of the termination by investigating the causes and circumstances thereof. The judgment must expressly mention the reason put forward by the party terminating the contract. (3) In all cases of dismissal, it shall be up to the employer to show that the grounds for dismissal alleged by him are well- founded. (4) Damages shall be assessed with due regard to all factors indicating that prejudice has been caused and all factors determining the extent of such prejudice, and in particular, with due regard : • (a) Where the worker is responsible, to his qualification and post; • (b) Where the employer is responsible, for whatsoever the type of employment, the worker's seniority with the employer, his age and any vested rights. However, the damages shall not be less than three months' salary or more than one month's salary per year of service in the enterprise. (5) If the worker is rightfully dismissed by the employer without respecting the formalities provided for, the amount of damages shall not exceed one month's salary. (6) The salary to be taken into consideration in above paragraphs shall be the gross average monthly salary of the worker's last twelve months of activity. (7) These damages shall be distinct from pay in-lieu-of notice and severance pay.