Niger

Niger's Labour Code of 2012 sets the legal framework for standard working hours within the country.

The usual working hours, as outlined in Article 99 of the Labour Code, are 40 hours per week. This applies to most professions unless otherwise specified.

Article 99 also sets a different standard for agricultural workers. Their annual working hours are set at 2400, which may translate to a workweek that differs from the standard 40 hours.

The legal framework acknowledges that specific professions might have established practices that deviate from the standard 40-hour week. However, these variations require a decree to be issued for authorization.

It's important to note that while the Labour Code establishes the legal framework, collective bargaining agreements between employers and employee unions can influence working hours within a particular sector or industry.

In Niger, the Labor Code (2012) provides the guidelines for overtime work and its compensation. The standard workweek is 40 hours, and any hours worked beyond this are considered overtime.

The overtime rate varies depending on the specific hours worked:

• For hours 41 to 48, overtime is paid at 110% of the regular hourly rate.
• For hours 49 and beyond, overtime is paid at 135% of the regular hourly rate.

There are also premium rates for Sundays and Public Holidays:

• Overtime work on Sundays and Public Holidays is compensated at 150% of the regular hourly rate.
• Overtime work during night hours on Sundays and Public Holidays attracts a premium rate of 200% of the regular hourly rate.

These are the minimum overtime rates as per the Labor Code. However, collective bargaining agreements between employers and employee unions may negotiate higher rates. The primary legislation governing overtime work is the Nigerien Labor Code (2012). The Ministry of Labor is responsible for enforcing labor laws, including those related to overtime work.

In Niger, the Labour Code outlines specific entitlements for worker rest and breaks.

Daily Rest

Employees in Niger are entitled to a minimum of 12 consecutive hours of rest between the end of one workday and the beginning of the next.

Weekly Rest

Workers have the right to a 24-hour rest period in every seven-day period (week). This rest period can be taken during the weekend, but it doesn't have to be. As long as the worker receives a full 24 consecutive hours of rest sometime during the week, they are in compliance with the law.

Working on Rest Days

While workers have the right to a weekly rest period, there's no legal requirement for compensatory rest if they are required to work on their designated day off. However, there is a requirement for premium pay for working on a weekly rest day or public holiday. Workers receive 150% of their normal hourly wage rate for daytime work and 200% for night work performed on a rest day or public holiday.

Breaks During the Workday

There are currently no legal requirements in Niger mandating specific break times during the workday. However, collective bargaining agreements may include provisions for breaks.

In Niger, the labor law framework outlines specific regulations for night work and weekend work. These regulations aim to protect employee well-being and ensure fair compensation for working outside standard hours.

Night work is generally defined as work performed during a specific period at night. The exact timeframe may vary depending on the sector and can be negotiated through collective bargaining agreements. However, the Labour Code offers a general guideline:

• Night work typically falls between 7:00 pm and 6:00 am.

There are exceptions for certain sectors, such as continuous process industries or security services, where night work may be unavoidable.

Key regulations regarding night work include:

• Employers must obtain prior authorization from the Labour Inspectorate before implementing a night work schedule.
• Night workers are generally entitled to reduced working hours compared to day workers. The specific reduction is determined by sectoral regulations or collective bargaining agreements.
• Night work typically requires higher compensation compared to regular daytime work. The exact increase can be established through sectoral regulations or collective bargaining agreements, but it should be at least a set percentage higher than the regular wage.
• Employers have a responsibility to ensure the health and safety of night workers. This may involve providing specific training, regular medical checkups, and appropriate lighting and temperature control in the workplace.

The standard workweek in Niger is from Monday to Friday. Weekend work, which refers to work performed on Saturdays and Sundays, is generally restricted. However, there are exceptions:

• Certain sectors deemed essential, such as hospitals, security services, or utilities, may require employees to work weekends.
• Weekend work can be implemented if it's included in the employee's contract or pre-agreed upon through a collective bargaining agreement. In such cases, employees are typically entitled to compensatory rest or additional pay for working weekends.

Employees who are required to work weekends should be compensated accordingly. The specific compensation method (additional pay, compensatory rest, etc.) can be determined through sectoral regulations or collective bargaining agreements.

It's crucial to consult the latest Nigerien Labour Code and relevant sectoral regulations for the most up-to-date and precise information on night shift and weekend work regulations.