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

Niger - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Niger - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 91(2) and 92 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other established right.

    Art. 475 Implementing Decree of August 2017: The amount of damages in case of unfair dismissal of a workers' representative can reach 36 months of salary.

Reinstatement available: Yes

Remarks:
  • The LC does not contain any provision on reinstatement and only provides for the payment of damages in the event of unfair dismissal (Art. 91(2) LC).However, in practice, reinstatement seems to be ordered by the labour courts. See, e.g. Direct Request by the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) on the application of Convention No. 158 (2011) [link available under "Scope of additional information"] :
    "The Government indicates that the labour tribunal has the power to declare the termination invalid and to propose reinstatement should it identify any irregularity in the grounds and procedure for termination. The Government also indicates that, if the employer rejects the request for reinstatement, it is required by law to pay the worker compensation"

    New in Sept. 2012:
    Art. 227 LC: 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.

    Art. 475 Implementing Decree of August 2017: Reinstatement possible in case of unfair dismissal of workers' representatives.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 305 LC: Conciliation shall be part of the procedure before the labour court.
    In addition, before starting any judicial proceedings, the parties can resort to extra-judicial conciliation before the Labour Inspectorate (Art. 317 LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 289 LC.

Existing arbitration: No

Remarks:
  • In the LC, arbitration is only foreseen for the resolution of collective labour disputes.

Burden of proof: both

Remarks:
  • Economic dismissal - Art. 85 LC: In the event of litigation, the burden of proof of the economic nature of the dismissal and of the respect of the order of dismissals is the responsibility of the employer.