In Cote d'Ivoire, the labor law, specifically Law No. 2015-532 of July 20, 2015, concerning the Labor Code, stipulates specific notice periods for both employers and employees during the termination of employment contracts.

The required notice period depends on the employee's length of service and pay structure as per Article 31 of the Labor Code.

Notice Period for Employees Paid by the Hour or Day

• For those who have worked for less than 6 months, an 8 days' notice is required.
• For those who have worked from 6 months to 1 year, a 15 days' notice is required.

Notice Period for Employees Paid Monthly

• For those who have worked from 1 year to 6 years, a 1 month's notice is required.
• For those who have worked from 6 years to 11 years, a 2 months' notice is required.
• For those who have worked from 11 years to 16 years, a 3 months' notice is required.
• For those who have worked for over 16 years, a 4 months' notice is required.

These notice periods are the minimum requirements. Employment contracts or collective bargaining agreements may stipulate longer notice periods as per Article 72 of the Labor Code. During the notice period, both the employer and employee are obligated to fulfill their contractual duties, including the employee being granted paid time to search for a new job as per Article 32 of the Labor Code.

Exceptions to Notice Periods

There are instances where immediate termination without notice is permitted. These include serious misconduct such as theft, violence, or insubordination as per Article 35 of the Labor Code. Additionally, both parties can agree to terminate the contract without notice as per Article 30 of the Labor Code.

In Cote d'Ivoire, severance pay, also known as "indemnité de licenciement," is a legally mandated payment made to employees when their employment is terminated for reasons other than serious misconduct. This is based on the Labor Code (Law No. 2015-532 of July 20, 2015).

Eligibility for Severance Pay

To be eligible for severance pay, employees must have at least one year of continuous service with the same employer. Additionally, the dismissal must not be based on serious misconduct as outlined in the Labor Code.

Calculating Severance Pay

Severance pay is calculated based on the employee's average monthly salary for the 12 months preceding termination and the length of service. The Labor Code stipulates that severance pay is a percentage of the base salary multiplied by years of service. For up to 5 years of service, it's 25% per year, for 6 to 10 years, it's 30% per year, and for over 10 years, it's 40% per year.

Example

For instance, an employee with 8 years of service and a base salary of 500,000 CFA francs would be entitled to a severance pay of 1,075,000 CFA francs.

Exceptions to Severance Pay

Severance pay is not required when an employee is dismissed due to serious misconduct. Employees who reach retirement age may not be entitled to severance pay. Generally, fixed-term contracts do not entitle the employee to severance pay upon expiration.

Important Considerations

Some collective bargaining agreements may provide for more generous severance pay benefits than the legal minimums.

Employment contracts in Cote d'Ivoire can be terminated in several ways. These include mutual agreement between the employee and employer, expiration of a fixed-term contract, termination by the employer (dismissal), and termination by the employee (resignation).

Types of Termination

• Mutual Agreement: The employee and employer can mutually agree to terminate the employment relationship.
• Expiration of a Fixed-Term Contract: If the employment contract is for a specific period, it terminates automatically upon the expiration of that term.
• Termination by the Employer (Dismissal): The employer can terminate the employment relationship by following specific procedures.
• Termination by the Employee (Resignation): The employee can also choose to terminate the employment relationship.

Termination by the Employer (Dismissal)

Employers in Cote d'Ivoire can dismiss an employee based on valid reasons related to the employee or economic, technological, or structural reasons. However, employers cannot dismiss employees based on discriminatory grounds such as gender, race, religion, union affiliation, or other protected characteristics.

Procedure for Dismissal

The Labor Code of Cote d'Ivoire sets out the specific steps employers must follow for dismissal:

• Notice Period: Employers must give a written notice of termination.
• Pre-Dismissal Meeting: Before dismissal, the employer must summon the employee to a meeting to explain the reason(s) for the intended dismissal. The employee has the right to be assisted by a staff representative or a lawyer at this stage.
• Dismissal Letter: After the meeting, the employer must issue a dismissal letter stating the grounds for termination.

Protection Against Unfair Dismissal

Employees in Cote d'Ivoire have some protection against unfair dismissal. If an employee believes their dismissal was unjustified, they can challenge it before the Labor Tribunal. The Labor Tribunal has the power to order reinstatement or compensation if it finds the dismissal was unfair.