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.
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.
In Guinea, the conclusion of an employment contract is subject to the rules of civil law. Employment contract can be established in the forms appropriate to the contracting parties to adopt. When the parties to the contract opt for the form of a written contract, this is exempt from any stamp duty. Proof of the contract may be provided by any means.
There are no specific definitions of what constitutes a written contract. Under the law, fixed-term contracts, apprenticeship and internship contracts, as well as open-ended contracts that contain a trial period must be concluded in writing. The formality of the written contract can be supplemented by a letter of employment issued to the worker at the latest within two days of the start of the work and mentioning the trial period. Additionally, a contract with a foreign worker must be written and submitted for approval by the public employment service.
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 6 months, including renewals. Any breach of this limit will convert the employment contract into one of indefinite duration.
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 1 day per week of contract length, without exceeding a maximum of 1 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.
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.
The Labor Code of Guinea stipulates that every employee is entitled to leave with pay from the employer at the rate of 2.5 working days per month of actual work. Employees earn the benefit of annual leave after an effective period of service equal to 1 month. Leave with payment may not exceed 12 consecutive working days. Employees 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.
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.
In Guinea, female employees have the right to suspend employment for a period beginning 6 weeks before the expected delivery and ending 8 weeks after this date. It is prohibited to employ female employees for 6 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 8 weeks before the expected date of delivery and 10 weeks after childbirth. In the case of multiple births, maternity leave will be extended by 2 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.
The Labor Code of Guinea does not offer provisions regarding paternity leave.
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).
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 25% of a month’s salary for each year of service (or 50 hours of wages for each year of service in the case of an hourly worker) upon termination, unless the employee is dismissed for serious misconduct. The monthly wage is calculated as an average of the last 3 months' wages. If an eligible employee worked a partial year, the amount of the indemnity is prorated based on the number of months worked.
