Located in the north of the African continent, Chad is bordered by Niger, Nigeria, Libya and Sudan, with a population of almost 12 million people. After having been colonized by France, Chad gained independence in 1960, becoming an oil producing nation by 2003. The geography of Chad includes a desert zone in the north, a dry belt in the centre and a more fertile zone in the south. Lake Chad, after which the country is named, is the largest wetland in Chad and the second-largest in Africa. The capital is N’Djamena which is also the largest city. Official languages are Arabic and French and most people identify as Muslim (at 55%), followed by Christianity (at 40%).
Chadian Labor Law does not specifically define permanent employment but differentiates employees by whether their contract is concluded for a determined duration or an indefinite duration. Contracts that do not meet the requirements of a fixed-term contract are considered to be of indefinite duration. Fixed term contracts that continue after the end of their term are considered contracts of indefinite duration.
Chadian labor law requires the following types of contracts to be in writing and submitted before the start of execution to the National Office for the Promotion of Employment:
Contracts concluded with foreigners
Contracts requiring the worker to relocate outside of the place of employment
Fixed-term contracts for more than 6 months (including renewals)
Contracts of indefinite duration
Provisions on probationary period must be in writing.
Chad's Labour Code does not explicitly mention non-compete clauses. Employees' involvement in acts of disclosure of company secrets or engagement with obvious competition can be considered professional misconduct, and employees can be suspended or dismissed for the same.
Chadian labor law allows an employer to hire a temporary employee in the absence of a permanent one. In this case, the parties conclude a fixed-term contract of an imprecise term. The temporary employment contract must indicate its foreseeable duration and cannot be over 6 months.
Chadian Labor Law mandates that fixed-term contracts include a probation period of 1 working day per week of the contract duration. However, such a probationary period cannot exceed 15 days.
It also permits the use of a probationary period for employment contracts of indefinite duration. When the parties to the employment contract decide to subject their relations to a probationary period, the contract must be in writing and mention the duration of the probationary period. The probationary period is limited to 6 months for executives, 3 months for technicians and supervisors, and 1 month for other employees.
Per Chadian labor law, the regular working hours for employees in non-agricultural establishments cannot exceed 39 hours per week. Any work done beyond this limit is considered to be overtime. The duration of overtime work performed by an employee cannot be more than 94 hours in a year. In agricultural establishments, the working hours cannot exceed 2,400 hours in a year.
Employees accrue at least 2 days of paid annual leave per month, for 24 days per year. Periods equivalent to four weeks or 24 working days are counted as a month of actual work. The employee can take the annual leave after working in the company for 1 year. Leave must be taken within the following 12 months after it is accrued.
The employer determines the leave period, considering the employee's wishes and the organization’s requirements. The employee must be informed of the start of the leave at least 15 days in advance. The annual leave can be split so the employee gets at least 14 consecutive days of rest.
Chadian Labor Law stipulates that the employment contract of an employee who is the victim of a non-occupational disease or an accident other than a duly justified industrial accident is suspended for at least the first 6 months of their absence from work. The employer must pay the employee their regular remuneration while the employment contract is suspended due to non-occupational illness or injury. At the end of the 6 months, the employer can dismiss the employee if they justify the need to replace the absent employee permanently.
Per Chadian Labor Law, female employees are entitled to 14 weeks of maternity leave. An employer may not allow a pregnant employee to work in the 4 weeks preceding the presumed delivery date or in the 6 weeks following childbirth. Employees have a right to suspend their employment contracts for 6 weeks before and 8 weeks after delivery. Employers are responsible for paying 50% of their employee's last daily earnings for maternity leave if they qualify for social insurance benefits.
Chadian Labor Law does not contain statutory provisions addressing paternity leave. Employees who are subject to the general collective agreement are entitled to 1 day of paid paternity leave.
Per Chadian Labor Law, termination of an employment contract for an indefinite period does not become effective until the expiration of a notice period. The notice period begins on the day the letter notifying the dismissal is presented to the employee's home or on the day it is delivered directly to the employee by hand with a receipt.
A dismissed employee is entitled to a notice of 1 month if the employee has at least one year of service in the company, 2 months' notice when the employee has at least 3 years of service, and 15 days' notice in all other cases. An employee who has committed gross negligence justifying their dismissal is not entitled to notice, subject to the competent court's assessment concerning the fault's seriousness.
Per Chadian labor law, employees who, at the time of the effective termination of their work, have at least 2 years of service with the company are entitled to a termination indemnity payable by the employer. However, employees dismissed for gross misconduct are not eligible for a termination indemnity.
The termination indemnity is represented by a percentage of the average gross monthly salary over the last 12 months, excluding any allowance for dependents. This percentage is equal to:
25% per year for the first 5 years
30% per year for the next 5 years
35% per year from the 11th year onwards
For employees who become disabled due to a work injury or occupational disease, severance pay is increased by 5% in each case.
