Table of Contents

Guinea

Table of Contents

Currency

Guinean franc (GNF)

Payroll Frequency

Monthly

Employer Taxes

18%

About Guinea

Guinea is a West African country located on the Atlantic coast of the continent. The country was colonized by the French but gained independence in 1958. Guinea’s political climate is volatile and results in many conflicts with Liberia and Sierra Leone, causing a flood of refugees from the area. Three of the major rivers in West Africa have their source in Guinea, creating an important natural resource for the country. Although the country mainly depends on agriculture, Guinea is also rich in minerals such as gold, iron, and diamonds. In addition, it has the world’s largest reserves of bauxite. Guinea’s substantial mineral wealth would indicate it would be one of the richest countries in Africa, but unfortunately, it is one of the poorest. Guinea has a thriving and rich culture and is diverse with many ethnic groups with different traditions and native languages, such as French, Susu Fulani, and Mandingo.

Employment Relationship

• Permanent Employment

The Labor Code of Guinea defines an indefinite (or permanent) employment contract as a contract that does not meet the definitions of a fixed-term labor agreement, an apprenticeship or internship contract, or a contract of engagement on probation. Permanent employees can only be dismissed for lawful reasons that make it impossible to continue the employment relationship. They are entitled to notice period before their termination, unlike fixed term contracts. They also cannot be dismissed during suspension, except for force majeure. 

• Fixed-Term or Specific-Purpose Contracts

In the Labor Code of the Republic of Guinea, fixed-term employment contracts are defined by a certain time limit agreed to by parties. These may be signed at any time by employees and employers. Fixed-term contracts must be in writing or evidenced by a letter of employment prior to the commencement of work. An exception is made for irregular workers hired by the hour or day for short-term occupations, and paid at the end of the day, week, or every two weeks. Fixed-term contracts may not exceed two years, renewal included. They cannot be concluded by an employer and an employee more than twice in one year, except in cases when a term of a contract is imprecise due to the nature of the work. In the event of a violation of these provisions, the agreement is considered to be of indefinite duration, with the exception of labor contracts attributed to foreign workers.

• Temporary Employment Contratcs

In Guinea, the law stipulates that temporary work involves the following parties: a temporary work company, a user company, and a worker linked to the temporary work company by an employment contract. Within two days after the start of work, the contractor is obliged to make a written contract provision with the temporary employment agency.  The temporary contract (or the mission contract) must be made in writing between the work contractor and the employee placed at the disposal of the user, expressly mentioning the reason for making the work available. The employer will incur the salary paid to the worker during each mission. However, in case of insolvency, the user company is responsible for the payment of the workers’ wages. The duration of temporary work assignments must not exceed six months, including renewals. Any breach of this limit will convert the employment contract into one of indefinite duration.

Probationary Period

The Labor Law of Guinea allows the use of trial periods in both indefinite and fixed-term contracts. Indefinite contracts that contain a trial period must be in writing; alternatively, a letter of employment must be issued to the employee within two days of the commencement of work mentioning the trial period. The duration of the trial period cannot be more than three months for managers and one month for all other cases. The maximum duration of a trial period for a fixed-term contract is calculated based on one day per week of contract length, without exceeding a maximum of one month. In cases where the fixed-term contract does not provide a specific term due to the nature of the work, the trial period may not exceed 15 days.

Working Hours

In Guinea, the regular working day is 8 hours, and the standard workweek is 40 hours. Overtime hours may not exceed 10 per day or 48 per week. Additionally, overtime is limited to 100 hours per calendar year, unless the labor inspector grants special authorization.

Holidays / PTO

• Statutory Holidays

The Republic of Guinea celebrates 13 public holidays. The Labor Code states that all employers must provide their employees with a paid day off during the holidays unless the employee is required to work based on their position (in this case, they must be either given another paid day off or paid overtime). Employees are entitled to 160% of their regular wage for working during the day on a public holiday and 200% for working during the night on a public holiday. The following holidays are observed: New Year's Day – January 1 Second Republic Day – April 3 Easter Monday – date subject to change annually Labor Day – May 1 Korite – May 2 Africa Day – May 25 Laylat al-Qadr – date subject to change annually Assumption Day – August 15 Eid al-Adha – date subject to change annually Independence Day – October 2 Mawlid – date subject to change annually Christmas Day – December 25

• Paid Annual Leave

The Labor Code of Guinea stipulates that every worker is entitled to leave with pay from the employer at the rate of two and a half working days per month of actual work. Employees earn the benefit of annual leave after an effective period of service equal to one month. Leave with payment may not exceed 12 consecutive working days. Workers must take leave every year and may not be compensated in lieu of taking leave. Employers must pay the employees the full salaries and allowances they are otherwise entitled to, throughout leave, excluding allowances directly related to the execution of work. In case of termination or expiry of employment contract before the employee has been able to benefit from all the annual leave to which they are entitled, a compensation is granted in the amount of full salary.

• Sick Leave

In Guinea, there is no explicit provision regarding paid sick leave and its length. The only specification is that sick leave is independent of annual leave, and time spent on sick leave is counted toward a worker's accrual of annual leave.

• Maternity Leave

In Guinea, female employees have the right to suspend employment for a period beginning six weeks before the expected delivery and ending eight weeks after this date. It is prohibited to employ female employees for six weeks after childbirth. If a medical condition occurs as a result of the pregnancy, upon presenting a medical certificate, the suspension of the contract can be extended for the duration of the condition. This extension cannot go over eight weeks before the expected date of delivery and ten weeks after childbirth. In the case of multiple births, maternity leave will be extended by two weeks.  When a female employee's employment is suspended, the employer pays half the salary she received, and the other half is paid by the National Social Security Fund.

• Paternity Leave

The Labor Code of Guinea does not offer provisions regarding paternity leave.

Termination of Employment

• Notice Period

Only permanent employees are given written notice before their termination. The notice period depends on the employee’s occupational category: Three months for managers and equivalent staff Two months for foremen and supervisors One month for execution staff Both parties may agree, only after notification of dismissal, and in writing, not to execute the notice and liberate themselves from their mutual obligations. Employers who fail to comply with their obligation to offer notice must pay an amount corresponding with the employees’ losses associated with wages, compensation, and other benefits they would have acquired throughout the notice period. Likewise, employees who unilaterally decide not to work during the notice period must pay the employer an allowance corresponding to the salary they would have received upon working regular hours until the expiration of the leave period (except in cases when an employee is dismissed without justification, or an employer violates employment obligations).

• Severance Benefits

The Labor Code of Guinea distinguishes between severance benefits for fixed-term and indefinite employment contracts. When fixed-term contracts expire, the employer must pay the employee an indemnity equal to 5% of the total amount of wages and indemnities acquired by the employee during the execution of the contract. Early termination of the contract by the employer, without an agreement, entitles the employee to receive payment of compensation at least equal to the wages he or she would have received until the end of the contract. Likewise, an employee’s early termination of the contract, without an agreement, entitles the employer to receive payment of compensation corresponding to any damages sustained. An employee who works at least 12 months under an indefinite contract is entitled to a termination indemnity of three months’ salary upon termination unless the employee is dismissed for serious misconduct. This indemnity is combined with any compensatory indemnities due for unused leave, notice, and any compensation due in the event of unjust or wrongful dismissal. Unjustified dismissal exposes the employer to a sentence by the labor court to pay at least six months' wages to the employee.