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> DIALOGUE - home > Employment protection legislation database - EPLex > Niger

Niger - Substantive requirements for dismissals


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Obligation to provide reasons to the employee: Yes
Remarks:
  • Dismissals based on the worker's conduct or capacity: see art. 79 new LC on mandatory oral interview prior to the dismissal decision.
    Dismissal on economic grounds: substantiated written notification (art. 84 new LC)

    [Note: the article numbers have changed in the new LC (former art. 72 and 77), but their content has remained unchanged]


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 78 new LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking.

    [Note: the article number has changed in the new LC (former art. 71, now art. 78), but its content has remained unchanged]


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities
Remarks:
  • See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
    New in Sept. 2012: New grounds were introduced in the 2012 LC: HIV-AIDS and sickle cell disease (drepanocytosis)
    In addition a new provision expressly provides that HIV-AIDS and sickle cell disease cannot, in any way, justify the dismissal of an affected worker (art. 152 new LC).

    Art. 71 LC lists unfair reasons for dismissal. There are:
    - the above-mentioned groubds for discrimination;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
    - marital status, pregnancy, temporary absence from work because of illness or injury.

    Art. 111 LC: prohibition of dismissal during maternity leave. [Note: the article number has changed in the new LC (former art. 103, now art. 111), but its content has remained unchanged]


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • * Workers' representatives: Art. 227-228 new LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
    New in Sept. 2012:
    The new LC introduced new provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
    In addition, the new law establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
    Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.

    * Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 111 new LC.
    [Note: the article number has changed in the new LC (former art. 103, now art. 111), but its content has remained unchanged]


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Dismissals based on the worker's conduct or capacity: see art. 79 new LC on mandatory oral interview prior to the dismissal decision.
    Dismissal on economic grounds: substantiated written notification (art. 84 new LC)

    [Note: the article numbers have changed in the new LC (former art. 72 and 77), but their content has remained unchanged]


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 78 new LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking.

    [Note: the article number has changed in the new LC (former art. 71, now art. 78), but its content has remained unchanged]


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities
NOTE: This information has changed since the previous period covered.
Remarks:
  • See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
    New in Sept. 2012: New grounds were introduced in the 2012 LC: HIV-AIDS and sickle cell disease (drepanocytosis)
    In addition a new provision expressly provides that HIV-AIDS and sickle cell disease cannot, in any way, justify the dismissal of an affected worker (art. 152 new LC).

    Art. 71 LC lists unfair reasons for dismissal. There are:
    - the above-mentioned groubds for discrimination;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
    - marital status, pregnancy, temporary absence from work because of illness or injury.

    Art. 111 LC: prohibition of dismissal during maternity leave. [Note: the article number has changed in the new LC (former art. 103, now art. 111), but its content has remained unchanged]


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
NOTE: This information has changed since the previous period covered.
Remarks:
  • * Workers' representatives: Art. 227-228 new LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
    New in Sept. 2012:
    The new LC introduced new provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
    In addition, the new law establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
    Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.

    * Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 111 new LC.
    [Note: the article number has changed in the new LC (former art. 103, now art. 111), but its content has remained unchanged]


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Dismissals based on the worker's conduct or capacity: art. 72 LC.
    Dismissal on economic grounds: art 77 LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 71 LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities
Remarks:
  • See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.

    Art. 71 LC lists unfair reasons for dismissal. There are:
    - the above-mentioned groubds for discrimination;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
    - marital status, pregnancy, temporary absence from work because of illness or injury.

    Art. 103 LC: prohibition of dismissal during maternity leave.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • * Art. 216 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
    * Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 103 LC.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Dismissals based on the worker's conduct or capacity: art. 72 LC.
    Dismissal on economic grounds: art 77 LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 71 LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities
Remarks:
  • See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.

    Art. 71 LC lists unfair reasons for dismissal. There are:
    - the above-mentioned groubds for discrimination;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
    - marital status, pregnancy, temporary absence from work because of illness or injury.

    Art. 103 LC: prohibition of dismissal during maternity leave.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • * Art. 216 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
    * Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 103 LC.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Dismissals based on the worker's conduct or capacity: art. 72 LC.
    Dismissal on economic grounds: art 77 LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 71 LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities
Remarks:
  • See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.

    Art. 71 LC lists unfair reasons for dismissal. There are:
    - the above-mentioned groubds for discrimination;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
    - marital status, pregnancy, temporary absence from work because of illness or injury.

    Art. 103 LC: prohibition of dismissal during maternity leave.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • * Art. 216 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
    * Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 103 LC.