Learn about the legal processes for employee termination and severance in Equatorial Guinea
In Equatorial Guinea, the Labor Law mandates a tiered system for notice periods during employment termination. The required notice period depends on the employee's length of service.
In Equatorial Guinea, severance pay entitlements are determined based on an employee's years of service, as long as the termination is not due to the employee's misconduct.
The Equatorial Guinean Labor Law stipulates the calculation of severance pay as follows:
To illustrate, an employee terminated after 6 years of service would be entitled to a severance payment equivalent to 6 months of their salary.
There are certain situations where severance pay may not apply:
In Equatorial Guinea, the termination process for employees can be categorized into termination by the employer and termination by the employee.
The employer can terminate an employee either with cause or without cause. Termination with cause is based on specific grounds outlined in the Labor Law of Equatorial Guinea, such as serious misconduct, repeated negligence, or other valid reasons established within the law. On the other hand, termination without cause is also possible, but it often necessitates the payment of severance. In cases of collective dismissals involving a significant number of employees, the employer might need to obtain authorization from labor authorities.
Employees have the right to resign at any time. Formal written notice is generally expected.
Termination of employment in Equatorial Guinea should ideally be communicated in writing. The notice should clearly outline the reasons for termination and the effective date. In certain situations, such as collective dismissals, the employer might be required to notify the relevant labor authorities in advance.
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