Niger

In Niger, the termination of an employment relationship is governed by the Labor Code (Code du Travail) and relevant collective agreements.

Lawful Grounds for Dismissal

Employment can be terminated due to economic difficulties, technological changes, restructuring, or closure of the business. Dismissal can also occur for serious misconduct, such as willful misconduct or negligence causing significant harm, repeated violations of workplace rules, insubordination, theft or fraud, and habitual drunkenness or drug use during work hours. Furthermore, an employee may be dismissed if they lack the required skills or qualifications to perform their job adequately, despite reasonable opportunities provided by the employer.

Notice Requirements

The required notice period typically depends on the employee's length of service and occupational category. The Labor Code and relevant collective agreements outline specific notice periods. For instance, the 1972 Inter-occupational Collective Agreement establishes a 1 month's notice for monthly paid workers and 8 days' notice for hourly, daily, or weekly paid workers. However, the employment contract may provide for longer notice periods.

Severance Pay

Employees dismissed for economic reasons or professional inaptitude are generally entitled to severance pay. The amount of severance pay depends on the employee's length of service and the provisions of the Labor Code or applicable collective agreement.

Important Considerations

In certain cases, such as the dismissal of workers' representatives, the employer must obtain prior authorization from the labor inspectorate. Employers must also follow specific procedures before dismissing an employee, including providing written notice with reasons for termination and allowing the employee an opportunity to defend themselves.

Niger has made significant strides in combating discrimination and promoting equality. The country's anti-discrimination laws protect individuals from discrimination based on a variety of characteristics.

Protected Characteristics

Niger's anti-discrimination laws protect individuals from discrimination based on the following characteristics:

• Race and Ethnicity: Discrimination based on race and ethnicity is prohibited by Niger's Constitution and further reinforced by the Penal Code, which criminalizes acts of racial or ethnic discrimination.
• Gender: Niger's Constitution guarantees equality between men and women. The country has also ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
• Disability: The Constitution of Niger provides for the protection of people with disabilities, with specific legislation including the Law on the Protection of Persons with Disabilities.
• Religion: The Constitution protects freedom of religion, and the Penal Code prohibits acts of discrimination based on religion.
• Sexual Orientation and Gender Identity: While there are no specific laws addressing discrimination based on sexual orientation and gender identity, societal discrimination is a concern.

Redress Mechanisms

Victims of discrimination in Niger can seek redress through the following avenues:

• Labor Tribunals: Employees can file complaints with labor tribunals regarding discrimination in the workplace.
• National Human Rights Commission (CNDH): The CNDH is an independent body that investigates human rights violations, including discrimination.
• Criminal Courts: In severe cases, acts of discrimination may be prosecuted as criminal offenses under the Penal Code.

Employer Responsibilities

Employers in Niger have the following responsibilities to prevent and address discrimination:

• Non-discrimination Policy: Employers should develop and implement a clear non-discrimination policy encompassing the protected characteristics.
• Training: Employers should provide regular training to employees on anti-discrimination laws and workplace equality.
• Complaint Procedures: Employers should establish a transparent and accessible mechanism for employees to report discrimination.
• Fair Hiring and Promotion: Hiring, promotion, and termination practices should be based on merit and free from bias.
• Reasonable Accommodations: Employers should provide reasonable accommodations for employees with disabilities.

It's important to note that the legal landscape surrounding anti-discrimination in Niger is evolving. It's advisable to consult with legal experts or human rights organizations for the most up-to-date and specific guidance.

Niger's Labour Code establishes the basic legal framework for working conditions in the country. Here are some key aspects:

Work Hours

The standard workweek in Niger is 40 hours, spread across five days (Monday to Friday). Overtime work is permitted, with limitations. Overtime pay must be higher than regular wages, with specific rates outlined in the Labour Code. Daily overtime cannot exceed 2 hours, and weekly overtime is capped at 10 hours.

Rest Periods

Workers are legally entitled to a minimum daily rest period of 1 hour. This break should, whenever possible, be divided into two separate periods. All workers are entitled to a weekly rest period of at least 24 consecutive hours, typically on Sundays.

Ergonomic Requirements

Specific ergonomic regulations are not readily available in a single, consolidated source. However, the Labour Code does include a general provision that employers must ensure the health and safety of their workers. This could be interpreted to encompass ergonomic considerations in the workplace setup.

Additional regulations related to working conditions might exist for specific sectors or industries. Consulting with the Ministry of Labour or relevant employer associations can provide a more comprehensive picture.

In Niger, the well-being of workers is prioritized through a comprehensive framework of health and safety regulations. These regulations are designed to empower both employers and employees by providing clear guidelines for maintaining a safe and healthy work environment.

Employer Obligations

According to the Labour Code, employers have several obligations to ensure a safe and healthy work environment. These include:

• Risk Assessment and Prevention: Employers are required to conduct risk assessments to identify potential hazards in the workplace. They must also implement preventative measures to minimize these risks.
• Provision of PPE: Employers are responsible for providing personal protective equipment (PPE) that is appropriate for the specific risks associated with the work.
• Information and Training: Employers must provide workers with information and training on health and safety procedures relevant to their job roles.
• Maintenance of Workplace: Employers have a duty to maintain the workplace in a condition that prevents accidents and health risks.

Employee Rights

Employees in Niger have several fundamental rights regarding health and safety in the workplace:

• Right to a Safe Workplace: The Labour Code guarantees employees the right to work in a safe environment free from foreseeable risks.
• Refusal of Unsafe Work: Employees have the right to refuse work that they believe poses a serious threat to their health or safety.
• Reporting Unsafe Conditions: Employees can report unsafe working conditions to their employer, safety representatives, or relevant authorities.

Enforcement Agencies

The Ministry of Labour is the primary agency responsible for enforcing health and safety regulations in Niger. Their enforcement strategies include:

• Worksite Inspections: Labour inspectors conduct regular inspections of workplaces to ensure compliance with health and safety standards.
• Issuing Citations and Fines: In cases of non-compliance, inspectors can issue citations and impose fines on employers.
• Collaboration with Unions: The Ministry often collaborates with trade unions to promote a culture of workplace safety and address worker concerns.