Guinea

In Guinea, labor law stipulates minimum notice periods that employers must provide to employees upon termination of an indefinite-term contract, unless serious misconduct is involved. The length of the required notice period depends on the employee's position within the company.

Minimum Notice Periods by Employee Category

• Operational Staff: Two weeks' notice
• Supervisors and Foremen: One month's notice
• Middle Managers and Similar Roles: Three months' notice

It's important to note that the Labor Code of Guinea does not explicitly mention these categories or specific notice periods. However, these are widely accepted interpretations based on legal practice.

Exceptions to Minimum Notice Periods

There are certain exceptions where the minimum notice period requirement might not apply:

• Serious Misconduct: If an employee is dismissed for severe breaches of conduct as outlined in the employment contract or labor code, the employer may not be obligated to provide a notice period.
• Mutual Agreement: Employer and employee can agree to waive the notice period and mutually terminate the employment contract.

Notice Period in Employment Contracts

An employment contract can stipulate a longer notice period than the legal minimum. However, it cannot be shorter. For example, an employment contract for a middle manager might specify a four-month notice period. This would be compliant as it provides more notice than the legal minimum of three months.

Consequences of Failing to Provide Proper Notice

If an employer fails to provide the required notice period without a valid reason, they are liable to pay the employee wages in lieu of notice for the outstanding period. Conversely, if an employee fails to provide the required notice period without a legitimate justification, they might be required to reimburse the employer for any financial losses incurred due to the lack of notice.

In Guinea, severance pay is regulated by Article 75 of the Guinean Labor Code.

Eligibility for Severance Pay

Employees are entitled to severance pay upon termination of their employment contract, except in cases of dismissal due to serious misconduct, voluntary resignation by the employee, or termination of a fixed-term contract at the end of its duration.

Calculation of Severance Pay

The calculation of severance pay is based on the employee's length of service and their final base salary. The entitlement is 45 days of salary for every year of service, or a proportional amount for fractions of a year. The severance pay calculation is based on the employee's last base salary at the time of termination.

For example, an employee with five years of service and a final base salary of 10,000,000 Guinean Francs (GNF) would be entitled to a severance pay of 18,750,000 GNF. This is calculated as follows: Severance pay per year is (10,000,000 GNF / 12 months ) x 45 days = 3,750,000 GNF. The total severance pay is then 3,750,000 GNF x 5 years = 18,750,000 GNF.

Payment of Severance Pay

The employer is obligated to pay the calculated severance pay to the employee at the time of their termination.

In Guinea, the Labor Code (Code du Travail) establishes guidelines for terminating employees. This ensures both employers and employees adhere to fair and legal procedures.

Types of Termination

There are several types of termination:

• Termination by the Employer (Dismissal): An employer must have a valid reason for dismissing an employee. The Labor Code recognizes economic reasons, personal reasons, and serious misconduct as grounds for dismissal.

• Termination by the Employee (Resignation): An employee can resign at any time.

• Termination Due to Contract Expiration: A fixed-term contract ends automatically on the agreed expiry date unless renewed.

Dismissal Procedure

The dismissal procedure is as follows:

1. Notice of Potential Dismissal: The employer must summon the employee to a pre-dismissal interview at least five days in advance via registered letter. The letter should specify the reasons for the intended dismissal.

2. Pre-Dismissal Interview: The employee has the opportunity to explain their position and potentially be accompanied by a representative.

3. Waiting Period: The employer must wait at least two clear days following the interview before officially dismissing the employee.

4. Dismissal Letter: The employer must issue a dismissal letter delivered by hand within three days of the pre-dismissal interview.

Additional Considerations

• Unfair Dismissal: Employees with at least one year of service can file an unfair dismissal claim if they believe their termination lacked a valid reason or the proper procedure wasn't followed.

• Important Note: Employers should adopt internal policies and procedures that adhere to the requirements outlined in Guinea's Labor Code for fair and lawful terminations.