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Niger - Working time - 2011


LAST UPDATE

01 March 2011.
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SOURCES


Name of Act

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Name of Act

Act No. 97-020 of 20 June 1997 to Establish Public Holidays, as amended to Act No. 98-05 fo 29 April 1998

Name of Act

Decree No. 67-126/MFP/T of 7 September 1967 to Issue Regulations Pursuant to the Labour Code, dated 7 September 1967 as updated up to Decree No 90-203/PRN/MFP/T of 24 October 1990
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Name of Act

Interprofessional Collective Agreement, 15 December 1992.

LEGAL DEFINITIONS


Employee/worker

Every person no matter of which sex or nationality who is putting her professinal activity under the command of another person to gain remuneration.
Labour Code § 2

Employer

Every person under public or private law who employs one or more workers.
Labour Code § 3

Overtime/overtime work

Every hour worked above the legal hours limit is considered overtime work.
Labour Code § 92

Part-time work(er)

Work which is performed for less than the legal hours limit is considered part-time work.
Labour Code § 92

Young worker

Children are persons below the age of 14 years.
Young workers are workers between the age of 14 years and 18 years.
Labour Code §§ 96, 99

NORMAL HOURS LIMITS


Daily hours limit


General limit

The daily limit is of 9 hours.
Decree to Issue Regulations Pursuant the Labour Code §226, c)
Historical data (year indicates year of data collection)
  • 2009: No general statutory limit identified.

Exceptions

There are some exceptions for the daily limit specified in Art. 234 of the Decree to issue Regulations Pursuant the Labour Code
Decree to Issue Regulations Pursuant the Labour Code §234

Special categories


» Women

In industrial and commercial establishments women are not allowed to work more than 9 hours a day.
Decree to Issue Regulations Pursuant the Labour Code § 106

Weekly hours limit


General limit

40 hours.
Labour Code § 92
Historical data (year indicates year of data collection)
  • 2009: 40 hours.
  • 2007: 40 hours
  • 1995: 40 hours.

Exceptions

For some professions working hours exceeding the statutory hours limit are allowed which are considered to be equivalent to the 40 hours week.
For example for staff in pharmacies: 42 hours
Hospitals: 45 hours,
Public transport: 48 hours
Hairdressers and beauty salons: 50 hours,
Taxi drivers: 52 hours
Decree to Issue Regulations Pursuant the Labour Code § 229

Special categories


» Agricultural workers

2,400 hour per year.
Labour Code § 93

OVERTIME WORK


Criteria for overtime


General

Every hour worked above the legal hours limit (i.e. 40 hours per week) is considered overtime work.
Labour Code § 92

Limits on overtime hours


General limits

A Decree fixes the maximal amount of overtime work which can be performed in urgent and exceptional cases.
Labour Code § 94
Historical data (year indicates year of data collection)
  • 2009: A Decree fixes the maximal amount of overtime work which can be performed in urgent and exceptional cases.
  • 1995: 8 per week in all kinds of activities. 1 hour per day and 75 hours per year in non-agricultural undertakings.

Compensation for overtime work


Overtime rate(s)

Overtime work gives right to an increased salary.

10% for overtime done between the 41st and the 48th hour.
35% for overtime done beyond the 48th hour.
50% over the hours worked in sundays and holidays.
100% over the hours worked sunday and holiday nights.
Labour Code § 92
Interprofessional Collective Agreement, 15 December 1992. §44
Historical data (year indicates year of data collection)
  • 2009: Overtime work gives right to an increased salary.
  • 1995: 10% premium for the first 8 hours and 25% thereafter for day work in non-agricultural undertakings.

REST PERIODS


Rest breaks


General provisions

Neither the Labour Code nor the Decree establish a duration or talk specifically about rest breaks.
Historical data (year indicates year of data collection)
  • 2009: No general statutory provisions identified.
  • 1995: No legal provision.

Daily rest periods


Duration

At least 12 consecutive hours between two working days.
Decree to Issue Regulations Pursuant the Labour Code §231
Historical data (year indicates year of data collection)
  • 1995: No general daily rest period. 11 consecutive hours for women and young persons.

Special categories


» Young workers

The daily rest of young workers below the age of 18 years must be at least 12 consecutive hours.
Labour Code § 97

» Women

In factories and mines women must have at least a consecutive rest of 11 hours a day.
Decree to Issue Regulations Pursuant the Labour Code § 107

Weekly rest periods


Duration


» General

weekly rest period is compulsory and must be of at least 24 consecutive hours. It should take place preferably sundays.
Labour Code § 106
Historical data (year indicates year of data collection)
  • 2009: Compulsory, of a minimum 24 consecutive hours.
  • 1995: 24 consecutive hours.

Day specified


» General

Usually on Sundays.
Labour Code § 106

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

One year of service.
Labour Code § 114

Duration


» General

30 calendar days (two and a half calendar days per month of work)
Labour Code § 108
Interprofessional Collective Agreement, 15 December 1992. §54
Historical data (year indicates year of data collection)
  • 2009: 30 days (two and a half calendar days per month of work)
  • 2007: 30 days (two and a half calendar days per month of work)
  • 1995: 18 working days.

» Exceptions

Seniority entitles a worker to additional days of leave:
2 additional days after 20 years with the same enterprise;
4 additional days after 25 years;
6 additional days after 30 years.
Labour Code § 108

Payment


» Amount

Full wages on a 12 months average. The salary of reference for the determination of the wage to be payed during holidays also includes other advantages received by the worker during his time of work, such as bonuses, gratifications, overtime work, payments in kind, etc.
Labour Code §§ 118, 156
Interprofessional Collective Agreement, 15 December 1992. §55

» Date of payment

Latestly when the workers leave for holidays.
Labour Code § 118

Schedule and splitting

Holidays cannot be taken 3 months before the regular date, nor 3 months after it, unless the Labour Inspector authorizes it. This should be agreed between the employee and the employer.

The employee should notify that he/she will be taking his/her holidays at least 15 days before its start.
Interprofessional Collective Agreement, 15 December 1992. §54

Special categories


» Young workers

Young workers who are 21 years or below on first January of the year are entitled to 30 calendar days holiday per year.
Labour Code § 109

» Parents

Mothers under 21 years: 2 additional days of leave for each child of under 15 years.
Mothers over 21 years: 2 additional days of leave for each child after their third child.
Labour Code § 111

PUBLIC HOLIDAYS

If a public holiday falls on a Sunday the following Monday is free.
Act to Establish Public Holidays § 2

Number and dates

Twelve days.

The collective agreement also establishes as holidays, besides those detemined by law, the following days: Ascension, 15th August (Assumption), 1st November (Toussaint).
Act to Establish Public Holidays § 1
Interprofessional Collective Agreement, 15 December 1992. §51
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Payment

Public holidays are paid as well as Mondays following a Public Holiday that fell on a Sunday.
Act to Establish Public Holidays § 2

Work on Public Holidays


» Criteria

Work on Public Holidays is prohibited.
Act to Establish Public Holidays § 2

EMERGENCY FAMILY LEAVE

Exceptional permissions:
1st marriage: 6 working days
Other marriages: 3 working days
Marriage of his/her child, brother or sister: 1 working day
Death of a spouse: 5 working days
Death of a child, father or mother: 2 working days
Death of a direct ascendent, brother or sister: 1 working day
Death of father-in-law or mother-in-law: 1 working day
Birth of a child: 1 working day
First communion: 1 working day
Baptisme of a child: 1 working day
Moving: 1 working day.

All these permissions should be expressely authorised (written authorization) by the employer.
Interprofessional Collective Agreement, 15 December 1992. §60

NIGHT WORK


Special categories


Young workers

Night work is prohibited for young workers below the age of 18 years except for particular reasons of their professional activity.
Labour Code § 96

Women

Women may not be employed in factories, manufacturing, mines, quarries or workshops between 10.00 pm and 05.00 am. Temporary exceptions may occur in industries where there are materials or substances liable of quick alteration. Exceptions can take place after prior notification of the labour inspectorate. Such exceptions may not exceed 15 nights yearly without prior authorisation by the Labour Inspector.
Decree to Issue Regulations Pursuant the Labour Code §§ 107, 109, 110

Results generated on: 24th November 2014 at 14:55:07.
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