Guinea-Bissau

In Guinea-Bissau, the Labor Code stipulates that employers must provide employees with a notice period during termination of employment, excluding cases like resignation or serious misconduct.

Notice Period Duration

The duration of the required notice period is contingent on the employee's length of service:

• For Employees with Less Than 3 Years of Service: These employees are entitled to a notice period of one month.
• For Employees with 3 Years or More of Service: Employees who have been with the company for at least 3 years are entitled to a longer notice period of two months.

This provision ensures a smoother transition for employees with longer service by providing them with additional time to find new employment.

Legal Reference

The Labor Code of Guinea-Bissau establishes these notice period requirements. It is recommended to consult the latest version of the code for the most current details.

Points to Consider

• Collective Bargaining Agreements: Some industries or companies may have collective bargaining agreements that offer more favorable notice periods than those mandated by law. It's always advisable to review any applicable collective bargaining agreements.
• Proof of Notice: Employers should ensure they can demonstrate they fulfilled the notice period requirement. This can involve providing documented proof, such as a certified letter with a return receipt, of the notification date.

In Guinea-Bissau, employees with formal employment contracts are generally entitled to severance pay upon the termination of their employment, excluding certain situations like resignation or gross misconduct.

Calculation of Severance Pay

Severance pay in Guinea-Bissau is calculated based on the length of service. The employee is entitled to 1 month of salary for each year of completed service with the employer.

Legal Sources

The Labor Code of Guinea-Bissau is the primary legal source governing employment relationships and severance pay entitlements. For the most detailed and up-to-date provisions, this code should be consulted.

Important Factors

Some industries or companies may have collective bargaining agreements that offer more favorable severance packages than those mandated by law. Additionally, the specific circumstances of an employee's termination may affect their severance entitlement.

In Guinea-Bissau, there are several types of employment termination. These include termination with just cause, termination for economic reasons, expiration of a fixed-term contract, and mutual agreement.

Just cause termination can occur if there is a serious reason such as gross misconduct by the employee, repeated absence without justification, or inability to perform the job duties. Termination for economic reasons can occur if there are economic, technological, or structural reasons that necessitate a reduction in the workforce. In this case, the employer must consult with trade unions and follow specific procedures. A fixed-term employment contract will end naturally upon the expiration of the agreed-upon term. Lastly, the employer and employee may mutually agree to terminate the employment relationship.

Termination Process

1. Interview: Before terminating an employee (except in cases of gross misconduct), the employer must hold an interview. The employer must provide the employee with at least 5 days' notice and specify the reasons for potential termination.

2. Waiting Period: The employer must wait 2 days after the interview before proceeding with the termination.

3. Written Notice: The employer must provide the employee with written notice of termination, stating the reasons for dismissal and the effective date.

The Labor Code of Guinea-Bissau is the primary law governing the termination of employment.