Niger is a West African nation that borders Libya to the northeast, Chad to the east, Benin to the southwest, and Algeria to the north. The political situation in Niger is volatile due to the constant terrorist attacks carried out by Islamist Militants. Constant military coups have also worsened Niger’s political crisis while the country continues to also be faced with problems such as slavery, drought, poverty, and terrorism despite being rich in oil and gold. The culture of Niger is distinct in that many of its people are known to eat only one meal a day while spending more time engaged in other social activities. The people wear boo-boos which are long dresses that reach their ankles. The main language of Niger is French but Arabic and Hausa are also widely spoken.
Under the Labor Code of Niger, permanent employment is defined as an employment relationship established through a contract of indefinite duration (contrat à durée indéterminée). This is the standard and presumed form of employment when a worker is hired to perform a job of a continuous and ongoing nature, without a fixed end date. According to Niger's Inter-Occupational Collective Agreement, employment is considered permanent if employment continues after the end of a probationary period. The job type, proposed salary, and benefits must be documented in writing and signed by the employee to confirm acceptance of the terms and conditions of employment.
Niger's Labor Code does not generally mandate the conclusion of written contracts of employment. Employment contracts may generally be concluded in any form, provided the contract's existence is proved. 2 exceptions to this general rule are fixed-term contracts and temporary employment contracts, which must both be in writing. When the employment contract is provided in writing, it must be written in French, produced in 5 copies, and include the following information:
Name, profession, and address of the employer or organization
Name, profession, sex, date, place of birth, descent, nationality, marital status, and place of residence
Place of recruitment
Place of employment
Nature and duration of the contract
Salary and benefits
Conditions of employment termination and notice period
Provisions regarding paid holidays, travel, and transport
Any special clauses
Niger's Labor Code allows companies to employ temporary workers through temporary employment agencies. Employment contracts for temporary employment must be made in writing. Temporary employment may only be used in the following situations:
The temporary absence of a permanent employee
During the suspension of an employee's employment contract
End of a contract of indefinite duration pending the effective entry into service of a replacement
Urgent work is required immediately to prevent accidents, organize rescue measures, or repair deficiencies in equipment, facilities, or buildings
The occurrence of exceptional extra work.
The duration of temporary work assignments cannot exceed 6 months, and these may be renewed once. The law requires that temporary employees be paid a salary equal to that of a permanent employee.
Niger's Labor Code provides that an indefinite term employment contract can include a probationary period for a maximum of 6 months, including renewal. This period can be extended to 1 year for employees hired outside of Niger.
Fixed-term contracts for a specific duration can be made for a maximum of 2 years and can be renewed once. They may include a probationary period of 1 day per week of contract duration, not exceeding 1 month. Fixed-term contracts can also be concluded for an imprecise term when they are concluded to replace a temporarily absent employee. These contracts can include a probation period of 15 days and can be renewed any number of times. Renewed fixed-term contracts cannot include a probationary period.
The employment contract can be terminated freely during the probationary period, without any notice or compensation.
Niger's labor law indicates that the standard workweek is 40 hours. Employees working more than this number of hours are eligible for overtime. The law also mandates a weekly rest period of at least 24 continuous hours for all employees.
The organization of working hours follows a seasonal system. During part of the year, working hours are strictly structured with fixed rest days, while during the remainder of the year, employers are allowed more flexibility in how the standard workweek is arranged, provided daily working time limits are respected.
Niger's labor law mandates that employers provide paid annual leave at a rate of at least 2.5 days per month of service. The total duration of leave is increased by 2 days after 20 years of continuous service in the same company, by 4 days after 25 years of service, and by 6 days after 30 years of service. Employees under 21 years of age are eligible for 30 days of paid annual leave, irrespective of their service duration.
An employee is eligible for leave after completing 1 year of service. The employer must pay a leave allowance equal to the employee's average salary over the last 12 months for the leave's duration. The enjoyment of the leave may be postponed by agreement between the parties.
Niger's labor law provides paid sick leave to permanent employees covered by the Inter-occupational Collective Agreement. The maximum duration of guaranteed sick leave during a calendar year is 6 months. The employment contract is considered to be suspended for the duration of the employee's sickness.
The monthly income during sick leave depends on the length of employment with an employer:
Service length of less than 1 year, the employee is entitled to full salary for 1 month and half salary for 2 months;
Service length of at least 1 year and up to 5 years, the employee is entitled to full salary for 1 month and half salary for 3 months; or
Service length greater than 5 years, the employee is entitled to full salary for 2 months and half salary for 4 months.
The employee must inform the employer within 48 hours of any illness absence when the diagnosis is provided by the enterprise's own medical services. If the employee is diagnosed by an external physician, the employee must notify the employer within 72 hours.
Under the Labor Code, absences due to illness certified by an approved doctor are counted as active service for the purpose of accruing paid leave, up to a maximum of 6 months. Compensation may be paid through an inter-company medical service funded by employer contributions.
Niger's labor law provides employees the right to fully paid maternity leave of 14 weeks, of which 8 weeks are to be taken after delivery. This leave can be extended by 3 weeks in case of any complications due to pregnancy or childbirth. Compulsory leave begins at least 2 weeks before the delivery.
Female insured employees with at least 6 months of employment are eligible for cash maternity benefits from the social insurance fund. The benefit provides 50% of the insured's last monthly earnings (the employer is liable to pay an additional 50% to employees with at least 2 years of service) for 6 weeks before and 8 weeks after the expected date of childbirth. This benefit may be extended for up to 3 weeks in case of any complications due to pregnancy or childbirth.
Social security also grants pre-natal benefits to insured employees as a total of XOF 13,500 in 3 installments.
Employees covered by Niger's Inter-Occupational Collective Agreement who have worked for the same employer for at least 6 months are entitled to up to 14 days of leave in addition to annual leave each calendar year for exceptional life events. For the birth of a child, an employee is entitled to 1 workable day off with pay. The employee must obtain written permission from the employer as soon as possible, but in no case later than 8 days after the event. If the birth of the child requires the employee to travel outside their locale, the employer and employee may agree on a longer leave.
Niger's Labor Code requires advance notice (or pay in lieu of) to be served before the lawful dismissal of an employee. The notice period's duration is determined by the collective agreement between the employer and the trade union or the individual agreement between the employer and employee. A contract can be terminated without notice in probation or in the event of gross negligence.
For example, employees covered by the Inter-occupational Collective Agreement are subject to the following notice periods:
8 days for hourly, daily, or weekly paid workers
1 month for monthly paid workers
1 month for first-line supervisors and technicians
3 months for engineers, executives, and senior executives.
Niger's Labor Code offers no provisions on severance benefits.
Employees covered by the Inter-occupational Collective Agreement are entitled to severance if they have been employed for more than one year and are dismissed for reasons other than gross misconduct. The severance benefits depend on their years of service as follows:
20% of the monthly wage for each year less than or equal to 5 years of service
30% of the monthly wage for each year, from the 6th to 10th year of service
35% of the monthly wage for each year, from the 10th year onward.
