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Guinea - Working time - 2011


LAST UPDATE

01 December 2011.

SOURCES


Name of Act

Ordonnance n. 003/PRG/SGG/ 88 du 28 Janvier 1988 Portant Institution du Code du Travail de la Republique de Guinee.

Name of Act

Order n. 2794/NTASE/DNTLS/96 on the modalities of application of the weekly rest period.

Name of Act

Order n. 5681/MTASE/DNTLS/95 on the modalities of calculation of the annual leave’s duration and benefits.

Name of Act

Order n. 1389/MASE/DNTLS/90 on Holidays.

Name of Act

Order n. 1391/MASE/DNTLS/90, on the modalities of application of the equivalent hours of work for certain professions.

LEGAL DEFINITIONS


Employee/worker

A worker is every person, regardless of sex or nationality, who engages her/himself in a professional activity, through remuneration, under the direction or authority of another moral or natural person, public or private, secular or religious, to be called employer.
Labour Code §1(2)

Employer

A worker is every person, regardless of sex or nationality, who engages her/himself in a professional activity, through remuneration, under the direction or authority of another moral or natural person, public or private, secular or religious, to be called employer.
Labour Code §1(2)

Night work(er)

All work performed between 20:00 and 06:00 shall be considered as night work.
Labour Code §146

NORMAL HOURS LIMITS


Daily hours limit


General limit

The duration of effective work cannot exceed 10 hours per day or 48 hours per week.
Labour Code §145

Weekly hours limit


General limit

In every establishment, public or private, the effective working time of the workers shall be of 40 hours per week.
Labour Code §139(1)

Exceptions

The employer and the worker may agree in the contract on a working time inferior to 40 hours per week, once the contract is a part-time work contract.
The employer ca also impose to the worker more than 40 hours of work per week through the application of the equivalence, recovery, modulation or overtime rules.

The professions below are authorized to practice equivalent hours of work as follows:
1. Workers of pharmacies and commerce: 42 hours;
2. Workers of hospitals, bakeries, hotels, bars, restaurants, pastries and clubs: 42 hours;
3. Workers of hairdressing salons, manicure, pedicure: 45 hours;
4. Taxi drivers: 45 hours;
5. Staff transportation drivers: 48 hours;
6. Guards and janitors: 55 hours.

These parts can through contract, limit or supress the hours of equivalence forseen in the above or through collective agreement applicable in the company.
Labour Code §139(2)(3)
Order on equivalences §2, 4

OVERTIME WORK


Criteria for overtime


General

The employer can unilaterally impose overtime on workers, up to the limit of 100 hours per year. Beyond the 100th hour, the employer must obtain an authorization from the Labour Inspector to perform overtime.
Every hour of work that is not an equivalant hour, modulation or recovery, performed during a week beyond the 40th hour shall be considered overtime.
Labour Code §143(1)(2)

Worker`s influence

A worker, in a full-time job, cannot refuse to perform overtime work authorized by the Labour Inspector and within the limit of 100 hours per year.
Labour Code §143(3)

Limits on overtime hours


General limits

The employer can unilaterally impose overtime on worker, up to the limit of 100 hours per year. Beyond the 100th hour, the employer must obtain an authorization from the Labour Inspector to perform overtime.
Labour Code §143(1)

Compensation for overtime work


Overtime rate(s)

Overtime work entitle the worker to financial compensation on top their salary. This increase shall be of 30% for the first 4 hours, and of 60% after it.
More favourable overtime rates can be established by contracts.
Labour Code §144

SCHEDULES


General

The work schedule shall be established by the employer after consultation with the union delegates. It shall be displayed at the workplace and sent to the Labour Inspectorate.

The modifications in the schedule apply to all staff once the work schedule is established according to the preceeding article; these modifications enter into force only 8 days after the new schedule is received by the Labour Inspectorate.

The changes in the schedule that shall apply temporarily, for a period of less than 3 months, shall be combined with other conditions established by a Ministerial Order.
Labour Code §150, 151

REST PERIODS


Daily rest periods


Special categories


» Young workers

The daily rest period of women and young workers under the age of 18 shall be of at least 12 consecutive hours.
Labour Code §149

Weekly rest periods


Duration


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. It shall take place on sundays.
Labour Code §152

Day specified


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. It shall take place on sundays.
Labour Code §152

» Exceptions

The following workers are not subject to the weekly rest period on sundays:
1. Hospital, clinics, nursing homes and pharmacie staff;
2. Lighting companies and water distribution;
3. Hotels, bars, restaurants and show companies;
4. Carriers by water, air, land and rail;
5. In industries where every interruption of work can provoque the loss or deterioration of goods being produced, or in the facilities.

Derogations to the weekly rest period on sundays can be also conceeded by a Ministerial Order once the simultaneous rest period of a company’s staff or of an establishment is detrimental to the public or endangers the normal functioning of a company or a establishment.
Labour Code §153(2), 154
Order on weekly rest periods §7

Work on weekly rest day


» Criteria

In case of urgent work that requires immediate execution and is necessary to organise the rescue measures to prevent imminent accidents or repair accidents occured to material, facilities or buildings of the establishment, the weekly rest period can be suspended for the staff necessary to the execution of the work.

This weekly rest period can be taken in another day upon agreement between the parts.

The hours of work performed during the weekly rest period are considered as overtime work.
Order on weekly rest periods §8

» Compensation (for working on a rest day)

This weekly rest period can be taken in another day upon agreement between the parts.
The hours of work performed during the weekly rest period are considered as overtime work.

For the staff of companies where the weekly rest period could not be given for a particular reason, a number of supplementary rest periods equal to those weekly rest periods shall be conceeded to the workers, unless there more favourable provisions agreed.
The workers shall be given the choice for the additional rest days, either at the end of a journey, or cummulated with the annual leave.
Order on weekly rest periods §8(2)(3), 9

Special categories


» Young workers

Aprentices and workers under the age of 18 are always entitled to the weekly rest period on sundays, even when they are employed in a company or an establishment where the work on sundays is authorized.
Labour Code §155

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The right to annual leave is acquired after one year of effective service.
Labour Code §161

Duration


» General

Unless there are more favourable provisions agreed, the worker is entitled to leave, paid by the employer, at a rate of 2 and half days per month of effective service.

It shall be considered as effective work, for the consideration of the paid annual leave duration, absences for work accidents or professional illness and maternity leave.

The absences due to non-professional diseases or accidents not linked to work shall be assimilated as effective work in the conditions determined by the collective agreement.
Labour Code §160

Payment


» Amount

The employer shall pay, during the total duration of the annual leave, the salaries and benefits due to the worker s/he would have received if s/he would have continued to work, with the exception of the expatriation allowance.
Labour Code §164

PUBLIC HOLIDAYS


Number and dates

According to art. 156 of the Labour Code, the following days shall be paid holidays in the territory of the Republic of Guinea:
2 October (Independence Day), 3 April (National Holiday of the Second Republic), 1 January (New Year), 1 May (International Labour day), 25 May (Day of the Liberation of the African Continent), Ramadam, Tabaski (Abraham’s sacrifice), Maouloud (Mahomed’s birth holiday), Eastern Monday, 15 August (Assumption), 25 December (Christmas).

11 days.
Order on holidays §1

Work on Public Holidays


» Criteria

In the companies where work is continuous and in those where an interruption of work can cause a loss or a deterioration of goods being produced, or in the facilities, the workers required to work shall receive beyond the salary corresponding to the work performed, the compensation forseen in art. 159 of the Labour Code.
Order on holidays §4

» Compensation

The companies or establishments that, in view the nature of their activities, cannot interrupt the work, the workers who work during a holiday are entitled, beyond the remuneration forseen in art. 157, a compensation for the work performed. This compensation shall be calculated on the basis of a hourly rate increased of 60% for work performed during the day, and 100% for work performed during the night.
Labour Code §159

NIGHT WORK


Criteria for night work

Every work performed between 20:00 and 06:00 shall be considered as night work.
Labour Code §146

Compensation

The remuneration of hours of work performed in normal conditions or in office shall be increased once performed during the night.
The compensation rate shall be of 20%. If the night work is actually an overtime work, the compensation rate for overtime work shall be applied over the amount already increased by the night work rate.
Labour Code §147

Special categories


Young workers

Night work is forbidden for women and young workers, from both sexes, under the age of 18 years.
Derogations to this prohibition can be conceeded by a Ministerial Order, in view of the particular nature of the professional activity.
Labour Code §148

Women

Night work is forbidden for women and young workers, from both sexes, under the age of 18 years.
Derogations to this prohibition can be conceeded by a Ministerial Order, in view of the particular nature of the professional activity.
Labour Code §148

Results generated on: 18th April 2014 at 07:35:06.
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