Sources of regulation
In Côte d’Ivoire,
the sources of law on termination of employment consist of:
- the
Labour Code, Act No. 95-15 of 12 January 1995 (LC),
- the
Inter-occupational Collective Agreement of 20 July 1977,
- Act
relating to dismissal for economic reasons No. 92-573 of 11 September 1992,
- Decree
on contracts of employment No. 96-287 of 3 April 1996,
- Decree
on the engagement for a probationary period and duration of probationary
periods No. 96-195 of 7 March 1996,
- Decree
on the length of the notice period and termination of a contract of employment
No. 96-200 of 7 March 1996 and
- Decree
on severance allowance No. 96-201 of 7 March 1996.
Scope of legislation
The LC is applicable throughout the territory
of Côte d’Ivoire and governs relations between employers and workers. However,
public employees and persons working in public corporations are excluded
from its scope (secs. 1 and 2, LC).
Contracts of employment
A contract of employment may be concluded for
a specified or unspecified period (sec. 13.2, LC). The contract of employment
may contain a probationary period, the duration of which must be stated in
writing.
A probationary period may last (sec. 2, Decree
No. 96-195 of 7 Mar. 1996):
- eight
days for daily or hourly paid workers;
- one
month for monthly paid workers;
- two
months for supervisors, technicians and similar workers; or
- three
months for engineers, managers, high-level technicians and similar workers.
These periods may be renewed once. Any renewal
must be made in writing and the worker must be informed in advance according
to the following schedule (sec. 4, Decree No. 96-195 of 7 Mar. 1996):
- two
days before the end of the probationary period of eight days;
- eight
days if the probationary period is one month; or
- 15
days if the probationary period is two or three months.
If the worker continues to be employed on the
expiry of the engagement for a probationary period or its renewal, the parties
are bound by a contract of employment of indeterminate duration (sec. 7,
Decree No. 96-195 of 7 Mar. 1996).
A contract of employment for a specified period
must be made in written form or confirmed by a letter of employment and must
indicate either the date on which the contract expires, or the precise duration
for which it is concluded, except in the case of contracts concluded in order
to replace a worker who is temporarily absent, for a season, for a temporary
accumulation of work, or for an activity which is not part of the normal
operations of the undertaking (sec. 14.6, LC). This is the case for
contracts for a specified duration but with unspecified term, which pertain
to contracts for daily workers engaged by the hour or by the day for a short-term
job and paid at the end of the day, week or fortnight (sec. 14.7(2), LC).
Fixed-term contracts of employment may be renewed
without limitation. However, their total duration cannot exceed two years
(sec.14.5, LC).
Termination of employment
The contract of employment can terminate, not
at the initiative of the employer, in certain circumstances, including by:
- the
expiry of a fixed-term contract;
- mutual
agreement; and
- force
majeure.
An open-ended contract for a specified period which
is made for the temporary replacement of a worker may be terminated unilaterally
by the employee after he or she has served at least six months (sec- 14.8,
para. 4, LC).
During the probationary period, the contract
may be terminated without notice and without entitlement to compensation
by either of the parties (sec. 16.1, LC). If the employer has not informed
the worker of the renewal of the probationary period within the prescribed
time limits, the probationary period ends on the date originally agreed (sec.
5, Decree No. 96-195 of 7 Mar. 1996).
Dismissal
A contract of employment for a specified period
ends on the expiry of the term, without compensation or notice. It may be
terminated before the agreed term only by force majeure, mutual agreement
or serious misconduct on the part of either of the parties (sec. 14.8, LC).
A contract of employment of indeterminate duration
may be terminated at any time by the employer if he or she has a valid reason
(secs. 16.3 et seq., LC).
The following raisons cannot constitute valid
reasons for termination of employment contracts (sec. 4, LC): sex, age, national
extraction, race, religion, political opinion, social origin, membership
or non-membership in a trade union, participation in trade union activities.
A dismissal ordered by an employer because of
job dislocations and operational changes, due mainly to technological changes
and restructuring, or to economic difficulties which are of such a nature
as to compromise its operations and the financial equilibrium of the undertaking,
will constitute a dismissal for economic reasons (sec.16.7, LC; Act No. 92-573
of 11 September 1992).
Notice and prior procedural safeguards
An employer who decides to terminate a contract
of employment must notify the employee, in writing, of the decision and state
his or her reasons for the proposed dismissal (sec. 16.4, LC).
The termination of a contract of employment
of indeterminate duration is subject to notice, except in the case of gross
misconduct, whose seriousness is to be appreciated by the competent court
(sec. 16.6, LC).
Pursuant to Decree No. 96-200 of 7 March 1996,
for workers in the relevant occupational categories who are paid by the hour,
day, week or fortnight, the period of notice is as follows:
- eight
days, for those with up to six months of service in the undertaking;
- 15
days, for between six months and one year of service;
- one
month, for between one and six years of service;
- two
months, for between six and 11 years of service;
- three
months, for between 11 and 16 years of service; and
- four
months, for over 16 years of service.
For monthly paid workers in the relevant occupational
categories, the period of notice is:
- one
month, for up to six years of service in the undertaking;
- two
months, for between six and 11 years of service;
- three
months, for between 11 and 16 years of service;
- four
months, for over 16 years of service.
For workers classified in the sixth group and
above, the period of notice is:
- three
months, for up to 16 years of service in the undertaking; and
- four
months, for over 16 years of service.
For workers in all groups who have permanent
partial disabilities estimated at 40 per cent or more, the period of notice
is:
- the
normal notice period for those with up to six months of service in the
undertaking; and
- double
the normal notice period after six months of service.
Collective agreements may contain more favourable
notice provisions.
The employer who intends to dismiss more than
one worker for economic reasons must, before making his or her decision,
arrange a meeting to consult with the workers’ representatives who may be
accompanied by trade union representatives. The competent labour inspector
have also to participate in this meeting. At least eight days before the
meeting, the head of the undertaking must send the workers’ representatives
and the labour inspector a file giving the reasons for the proposed redundancies,
the criteria considered, a list of staff to be made redundant and the proposed
date of dismissal. The labour inspector and the other participants sign the
summary record of the meeting (secs. 2 et seq., Act No. 92-573, and secs.
16.7 to 16.9, LC).
Severance pay
The termination of a contract of employment
of indeterminate duration is subject to notice which takes into account the
duration of the contract and the occupational group of the employee (Decree
No. 96-200 of 7 Mar. 1996). The termination of a contract of employment by
an employer requires the payment of a severance allowance, separate from
compensation in lieu of notice, if the worker has been employed continuously
for a period equivalent to one year and has not been guilty of gross negligence.
The compensation takes into account the length of service and corresponds
to a percentage of the monthly overall wages for the 12 months of service
preceding the date of dismissal (Act No. 96-201 of 7 March 1996). The percentage
is set according to the length of service of the worker as follows:
- 30
per cent up to and including the fifth year;
- 35
per cent from the sixth to the tenth year inclusive; and
- 40
per cent from the tenth year onwards.
Avenues for redress
Any termination of a fixed-term contract of
employment ordered in contravention of the above-mentioned rules shall incur
the payment of damages corresponding to the wages and advantages of any sort
to which the employee would be entitled during the period remaining up to
the end of his or her contract (sec. 14.8, LC).
The termination of a contract of indeterminate
duration with notice or with insufficient notice will oblige the employer
to pay to the employee compensation corresponding to the remuneration and
advantages of any sort to which the employee would be entitled during the
notice period which had not been observed (sec. 16.6, LC).
Dismissals ordered without a valid reason, on
discriminatory grounds or in contravention of the rules of procedure prescribed
for dismissals for economic reasons are wrongful. The competent court shall
determine the validity of the dismissal through an inquiry into the reasons
and circumstances of the termination. In cases of wrongful dismissal, the
employer can be ordered to pay the worker damages, which may take into account
custom, the nature of the services performed, length of service, the age
of the worker and acquired rights, if any. However, the amount of damages
may not exceed 18 months’ wages (sec. 16.11, LC).
Further information
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