Remarks: The Code applies to the territory of Côte d`Ivoire and to all labour contracts which are concluded on this territory but does not apply to public servants. Labour Code § 2
Name of Act
Decree on Hours of Work, Decree No. 96-203 of 7 March 1996
Worker is every person regardless of sex, race or nationality who engages in a professional activity to receive a remuneration.
Labour Code §2(1)
Employer
Every physical or legal, public or private person who has the right to give order so employees.
Labour Code §2(1)
Part-time work(er)
Part-time work is work performed continuously and in a voluntary way that does not exceed 30 hours per week and 120 hours per month, according to art. 21.2, paragraph 3, of the Labour Code.
Part-time worker is that whose working time is not superior to 30 hours per week or 120 hours per month, subject to that stated in art. 10 of the present Decree.
An inferior working time than that established in the present Code shall be taken as part-time work. In this case, the employment contract must be written and shall state the working time. Overtime work can be performed in the limits established by decree.
Decree on Part-Time Work §1, 2 Labour Code §21.2(3)
Night work(er)
It is considered as night work, every work performed during 8 consecutive hours between 21h and 05h.
Decree on Night Work §1
Shift work(er)
Shift work is that where a worker, or a group of workers, follows immediately each other on a same position, for the same amount of time.
Decree on Hours of Work §9(2)
NORMAL HOURS LIMITS
Daily hours limit
General limit
Subject to eventual incidents arising from equivalences, the employer shall determine the daily working time applicable in the establishment or company, according to one of the following division: - 1st limitation of the effective work: 8 hours per day, during a 5 working days week; - 2nd limitation of the effective work: 6 hours and 40 minutes per working day (6 working days week); - Unequal division of working time during the days of the week, with a limit of 8 hours of work per day.
Decree on Hours of Work §5
Historical data (year indicates year of data collection)
2009: 8 hours (5 day workweek).
6 hours 40 minutes (6 day workweek).
2007: 8 hours (5 day workweek)
6 hours 40 minutes (6 day workweek)
Exceptions
The employer and the worker can agree in an individual daily work time different from the collective daily work time. Especially in the case of part-time work, regulated by specific provisions established by the present decree.
Decree on Hours of Work §12
Special categories
» Night work
The work time duration cannot exceed 8 consecutive hours, with one or two pauses of 15 minutes.
Decree on Night Work §5(1)
Weekly hours limit
General limit
In every establishment subject to the present Code, except agricultural establishments, the regular working time of staff, regardless of the sex or mode of remuneration, is of 40 hours per week. This limit can be exceeded through the application of the principle of equivalence, overtime work, and the recovery of lost hours and to modulation.
Subject to the rules related to equivalences, to the collective recovery of lost hours, overtime and permanent or temporary exemptions forseen in arts. 13 and 14, the weekly work time cannot exceed: - 40 hours per week for the non-agricultural companies; - 48 hours per week for farms, agricultural companies and similars, within the limit of 2400 hours per year.
Labour Code §21.2(1) Decree on Hours of Work §1
Historical data (year indicates year of data collection)
2009: 40 hours
2007: 40 hours
1995: 40 hours.
Exceptions
In view of the continuous and intermittent character of the activity of the whole staff or part of the staff involving in particular off peak, it can be admitted longer working hours than that forseen in art. 1 of the present decree, as equivalent to one of the two sets of weekly work time established by art. 1 for the staff concerned.
Longer weekly working hours admitted as equivalent shall be limited as follows: - Between 40 to 44 hours in non agricultural undertakings - Between 48 to 52 hours in agricultural undertakings. Every hour of work beyond this limit of equivalence shall be considered as overtime and paid as such; - 56 hours for domestic workers and gardeners.
Permanent derogations regarding the normal weekly working hours apply to listed categories of workers, such as: mechanics, electricians, drivers; workers and employees involved in entertainment and cleaning of machinery and work tools; and team leader or specialized worker whose presence is indispensable. Except for staff involved in surveillance or fire extinction the derogations cannot exceed 2 hours daily.
Decree on Hours of Work §2, 3, 15
Special categories
» Domestic work
Longer weekly work time, based on the principle of equivalence shall be defined as follows: c) 56 hours for domestic workers and gardeners.
Decree on Hours of Work §3(c)
OVERTIME WORK
Criteria for overtime
General
Temporary derogations to daily hours of work are allowed in order to a) recuperate lost hours of work due to accident, force majeure, such as shortage of raw material or lack of means of transports, or b) for urgent and exceptional work such as need for team leader in case of unexpected absence of his/her substitute.
The daily work time can, temporarily, be extended beyond the legal limits applicable to the establishments and companies for the performance of urgent and exceptional work which immediate execution is necessary in order to prevent the inevitable loss of a product, or imminent accidents, either to the material or to the facilities, or even to the buildings of the company. The hours performed according to the preceeding paragraph shall be paid as normal hours of work.
The daily work time can be temporarily extended beyond the legal limits applicable to the establishments and companies, in case of extraordinary increase of the workload with view to maintain or increase the production. The hours of work performed, in this case, shall be considered as overtime work and entitle the worker to compensations forseen by collective agreements.
Decree on Hours of Work §18, 23, 24(1)(2)
Worker`s influence
Workers are free to perform overtime or not. No worker can be dimissed for having refused to perform overtime work. Every dimissal of a worker founded solely on this motiv is null and void.
Decree on Hours of Work §25
Limits on overtime hours
General limits
In light of security and health imperatives for workers, the number of hours of overtime is limited to 15 hours per week and per worker, for both non-agricultural and agricultural establishments, and without exceeding the daily limit of 3 hours of overtime per day. In addition, the number of overtime work hours cannot exceed 75 hours per year and per worker.
Decree on Hours of Work §26
Historical data (year indicates year of data collection)
2009: 3 hours per day, 15 hours per week and 75 hours per year
2007: 3 hours per day, 15 hours per week and 75 hours per year
1995: n.a.
Restrictions/exceptions
Daily hours of work may be temporarily exceeded, exceptionally for urgent work whose performance is needed immediately to prevent inevitable loss of product or addicents about to occur, or to repair happened accidents, paid at normal rates.
Decree on Hours of Work § 18
Compensation for overtime work
Overtime rate(s)
The daily work time can be temporarily extended beyond the legal limits applicable to the establishments and companies, in case of extraordinary increase of the workload with view to maintain or increase the production. The hours of work performed, in this case, shall be considered as overtime work and entitle the worker to compensations forseen by collective agreements. Otherwhise, the compensation rates applicable to overtime are determined by an order of the Minister of Labour. These rates cannot be inferior to the following: - 15% of compensation for the hours worked between the 41st and 46th hour; - 50% of compensation for the hours worked beyond the 46st hour; - 75% of compensation for the hours worked during the day in a sunday or holiday; - 100% of compensation for the hours worked during the night in a sunday or holiday.
Decree on Hours of Work §24
Historical data (year indicates year of data collection)
2009: 15% increae (41-46 weekly hours of work)
50% increase (beyond 46 hours of work)
75% increase (night work, day work on Sundays and public holidays)
100% increase (night work on Sundays and public holidays)
2007: 15% increae (41-46 weekly hours of work)
50% increase (beyond 46 hours of work)
75% increase (night work, day work on Sundays and public holidays)
100% increase (night work on Sundays and public holidays)
1995: n.a.
Exceptions
The daily work time can, temporarily, be extended beyond the legal limits applicable to the establishments and companies for the performance of urgent and exceptional work which immediate execution is necessary in order to prevent the inevitable loss of a product, or imminent accidents, either to the material or to the facilities, or even to the buildings of the company. The hours performed according to the preceeding paragraph shall be paid as normal hours of work.
Decree on Hours of Work §23
Remarks: In this case, overtime work is allowed. However, there is no compensation for the performance of hours of work beyond the legal limit. They shall be paid as regular working time. This means that the rates forseen in art. 24, which shall be applied over the regular salary of the worker, do not need to be paid to the worker in the circumstances above. Nevertheless, the worker must be paid for the work performed.
Special categories
Part-time work
Overtime hour is every hour of work performed by the part-time worker beyond weekly or monthly limit established in art. 1 of the present decree, with prior agreement of the parties. However, the total amount of hours of work performed, included the overtime hours, shall be, in any case, inferior to the legal weekly or monthly working time.
Unless there are more favorable written provisions agreed between the parts, overtime work shall be paid as normal hours of work.
The refusal to perform overtime work shall not be taken as a fault and cannot be taken as a reason for dismissal.
Decree on Part-Time Work §10
Remarks: Part-time work, applying arts. 21.2, paragraph 3 of the Labour Code, the work regularly performed and which duration is inferior or equal to 30 hours per week or 120 hours per month. Decree on Part-Time Work, §1
Night work
The eventual extension of night work can only be done for imperative reasons in order to assure the functioning the company and can exceed in only one hour the limits established in art. 5, paragraph 1 of the present Decree. This extension shall be paid as overtime work.
Decree on Night Work §6
Remarks: The work time duration cannot exceed 8 consecutive hours, with one or two pauses of 15 minutes. Any work performed beyond this limit shall be considered as overtime work and paid as such. Decree on Night Work, §5
REST PERIODS
Rest breaks
Special categories
» Night work
The work time duration cannot exceed 8 consecutive hours, with one or two pauses of 15 minutes.
Decree on Night Work §5(1)
Daily rest periods
Special categories
» Young workers
The daily rest period of young workers under the age of 18 shall be of at least 12 consecutive hours.
Labour Code §22.3
Weekly rest periods
Duration
» General
Weekly rest period is compulsory. It shall be of at least 24 consecutive hours. It shall take place, in principle, on sundays.
Labour Code §24.1(1)
Historical data (year indicates year of data collection)
2009: At least 24 consecutive hours.
1995: 24 consecutive hours.
Day specified
» General
Weekly rest period is compulsory. It shall be of at least 24 consecutive hours. It shall take place, in principle, on sundays.
Labour Code §24.1(1)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
The right to paid annual leave is acquired after one year of effective service.
Labour Code §25.5
Duration
» General
Unless there are more favorable provisions in collective agreements or individual employment contracts, the worker is entitled to annual leave, paid by the employer, at the rate of 2 working days per month of effective service. Young workers under the age of 18 are entitled to two and 2/10 working days per month of effective service.
Labour Code §25.1
Historical data (year indicates year of data collection)
2009: Two weekdays per month.
2007: Two weekdays monthly
1995: 24 working days.
» Exceptions
The annual leave established in the preceeding paragraph shall be increased at the rate of 2 days after 15 years of seniority in the same company; 4 days after 20 years of seniority in the same company; 6 days after 25 years of seniority in the same company; and 8 days after 30 years of seniority in the same company.
Labour Code §25.2
Payment
» Amount
The employer shall pay the worker, for the annual leave, an indemnity equal to the salary and any other remuneration, according to art. 31.7. This indemnity shall be paid the moment the worker goes on leave.
Workers paid hourly or daily for a temporary work shall receive a compensation that has to be paid at the same time as the salary due, at the latest at the end of the last day of work. This compensation shall be equal to 1/12 of the remuneration acquired during the period of work.
Labour Code §25.8, 25.10
Remarks: Whenever the remuneration is constituted, in total or in part, of commissions or bonuses and different services, or indemnities representative of such services, these shall be taken into account for the calculation of the annual leave benefits, as well as for the calculation of termination, dismissal and damages benefits. The amount taken into account shall be the monthly average of the elements mentioned in the preceeding paragraph. However, the period over which the calculation shall be made cannot exceed the 12 months preceeding the cessation of work. Labour Code, §31.7.
» Date of payment
The employer shall pay the worker, for the annual leave, an indemnity equal to the salary and any other remuneration, according to art. 31.7. This indemnity shall be paid the moment the worker goes on leave.
Workers paid hourly or daily for a temporary work shall receive a compensation that has to be paid at the same time as the salary due, at the latest at the end of the last day of work. This compensation shall be equal to 1/12 of the remuneration acquired during the period of work.
Labour Code §25.8, 25.10
Schedule and splitting
The annual leave shall be taken within 12 months after employment or the return from the previous annual leave. The employer fixes the dates of the annual leave according to the necessity of the business. If possible the employer shall take into consideration the needs and wishes of the worker. The employee should be informed at least 15 days before the start of the leave period about its duration. Taking into account season variations of the activity, collective agreements can determine periods of the year during which workers can take their annual leave.
Labour Code §25.6
Special categories
» Young workers
workers under the age of 18 are entitled to two and 2/10 working days per month of effective service.
Labour Code §25.1
PUBLIC HOLIDAYS
Number and dates
According to art. 24.2 of the Labour Code, the National Holiday and the 1st of May (Worker’s Day) are holidays.
Unless there are more favorable provisions in collective agreements, the following days are holidays: 1st January Easter Monday Ascension Monday of Pentecoste Aid-el-Fitr Aid-el-Kebir Assomption All Saints, 1st November Monday after Labour Day or the National Holiday if that day fall on a Sunday National Peace Day: 15 November 25 December, Christmas Day Laila-tou-Kadr Anniversary of the birth of the prophet Mohamed 7 December, Anniversary of the death of President Felix Houphouet- Boigny
Decree to Determine the List and the Regime of Public Holidays §1, 2
Payment
The payment of holidays: - Holidays cannot be a reason to reduce monthly or weekly salaries of workers; - Workers paid hourly, daily or by performance are entitled to a compensation equal to the salary that they lost by the fact they have not worked. - In the establishments or services in which, because of their nature, the work cannot be suspended, employees who work during the non-working holidays are entitled to a compensation, beyond the salary corresponding to the work performed that day, equal to due salary.
The holidays regime dealt with in arts. 2 and 3 of the present decree requires the observation of the following rules with respect to the remuneration of workers: If the holiday is effectively non-working: - Workers paid hourly or daily are not entitled to any salary; - Workers paid monthly are entitled to their regular salary which cannot be subject to any reduction because of the non-working holiday. If the holiday was not idle: - Workers paid hourly or daily are entitled to the salary corresponding to the hours of work and weekly division of work practiced by the establishment or company; - Workers paid monthly are entitled to their regular salary which cannot be subject to any increase because of the work performed during the holiday.
Decree to Determine the List and the Regime of Public Holidays §3(2), 4
Work on Public Holidays
» Criteria
The holidays regime dealt with in arts. 2 and 3 of the present decree requires the observation of the following rules with respect to the remuneration of workers: If the holiday is effectively non-working: - Workers paid hourly or daily are not entitled to any salary; - Workers paid monthly are entitled to their regular salary which cannot be subject to any reduction because of the non-working holiday. If the holiday was not idle: - Workers paid hourly or daily are entitled to the salary corresponding to the hours of work and weekly division of work practiced by the establishment or company; - Workers paid monthly are entitled to their regular salary which cannot be subject to any increase because of the work performed during the holiday.
Decree to Determine the List and the Regime of Public Holidays §4
» Compensation
The holidays regime dealt with in arts. 2 and 3 of the present decree requires the observation of the following rules with respect to the remuneration of workers: If the holiday is effectively non-working: - Workers paid hourly or daily are not entitled to any salary; - Workers paid monthly are entitled to their regular salary which cannot be subject to any reduction because of the non-working holiday. If the holiday was not idle: - Workers paid hourly or daily are entitled to the salary corresponding to the hours of work and weekly division of work practiced by the establishment or company; - Workers paid monthly are entitled to their regular salary which cannot be subject to any increase because of the work performed during the holiday.
Decree to Determine the List and the Regime of Public Holidays §4
PART-TIME WORK
General provisions
Part-time work is work performed continuously and in a voluntary way that does not exceed 30 hours per week and 120 hours per month, according to art. 21.2, paragraph 3, of the Labour Code.
Part-time worker is that whose working time is not superior to 30 hours per week or 120 hours per month, subject to that stated in art. 10 of the present Decree.
An inferior working time than that established in the present Code shall be taken as part-time work. In this case, the employment contract must be written and shall state the working time. Overtime work can be performed in the limits established by decree.
Decree on Part-Time Work §1, 2 Labour Code §21.2(3)
Limits
Weekly hours limit
Part-time work is work performed continuously and in a voluntary way that does not exceed 30 hours per week and 120 hours per month, according to art. 21.2, paragraph 3, of the Labour Code.
Part-time worker is that whose working time does not exceed 30 hours per week or 120 hours per month, subject to that stated in art. 10 of the present Decree.
Decree on Part-Time Work §1, 2
Overtime work
Overtime hour is every hour of work performed by the part-time worker beyond weekly or monthly limit established in art. 1 of the present decree, with prior agreement of the parties. However, the total amount of hours of work performed, included the overtime hours, shall be, in any case, inferior to the legal weekly or monthly working time.
Unless there are more favorable written provisions agreed between the parts, overtime work shall be paid as normal hours of work.
The refusal to perform overtime work shall not be taken as a fault and cannot be taken as a reason for dismissal.
Decree on Part-Time Work §10, 11, 12
Remarks: Part-time work is work performed continuously and in a voluntary way that does not exceed 30 hours per week and 120 hours per month, according to art. 21.2, paragraph 3, of the Labour Code.
Part-time worker is that whose working time is not superior to 30 hours per week or 120 hours per month, subject to that stated in art. 10 of the present Decree. Decree on Part-time work, §1, 2.
Annual leave
Part-time workers benefit from the same rights, arising from law or regulations, as full-time workers, especially the following: - Right to organisation, collective bargaining and representation in the company; - Maternity protection; - Paid annual leave and paid holidays; - Sick leave; - Termination of the employment contract.
The cash benefits arising from these rights shall be determined proportionally to the working time and gains.
Decree on Part-Time Work §13
Right to equal treatment
Right/scope
Part-time workers benefit from the same rights, arising from law or regulations, as full-time workers, especially the following: - Right to organisation, collective bargaining and representation in the company; - Maternity protection; - Paid annual leave and paid holidays; - Sick leave; - Termination of the employment contract.
Decree on Part-Time Work §13(1)
NIGHT WORK
Criteria for night work
It is considered as night work, every work performed during 8 consecutive hours between 21h and 05h.
Decree on Night Work §1
Limits
A worker cannot hold two successive work posts, if one is during the night work period.
Decree on Night Work §7
Daily hours limit
The work time duration cannot exceed 8 consecutive hours, with one or two pauses of 15 minutes.
Decree on Night Work §5(1)
Overtime work
The work time duration cannot exceed 8 consecutive hours, with one or two pauses of 15 minutes. Any work performed beyond this limit shall be considered as overtime work and paid as such.
The eventual extension of night work can only be done for imperative reasons in order to assure the functioning the company and can exceed in only one hour the limits established in art. 5, paragraph 1 of the present Decree. This extension shall be paid as overtime work.
Decree on Night Work §5, 6
Rest breaks
Either one or two rest breaks of 15 minutes in a duration of 8 hours work.
Decree on Night Work §5(1)
Compensation
Unless in the cases forseen in arts. 5 and 6 of the present decree, the normal remuneration for night work shall be identical to that of a daytime work.
The worker performing an activity during the period established in art. 1 of the present decree shall benefit from a premium cart, once the worker accomplishes 6 consecutive hours of work. The amount of such premium is equal to 3 times the hourly minimum wage resulting from the Interprofessional Minimum Wage (SMIG) or equal to 3 times the hourly minimum wage of the agricultural or forestry sector to which the company employing the worker is related.
Decree on Night Work §8, 9
Remarks: It is considered as night work, every work performed during 8 consecutive hours between 21h and 05h. Decree on Night Work, §1.
Workers' health
A part the compulsory medical services forseen in art. 43.1 of the Labour Code and especially those performed when of the employment and after the return to the work after an absence of more than a month, the worker employed regularly for the performance of night work shall benefit from a health control at least twice a year, in order to assess his/her aptitude for the work performed.
If the worker is considered unfit to continue performing his/her activity, attested by a medical certificate, the worker has to be transferred to another work.
Decree on Night Work §11
Transfers
If the worker is considered unfit to continue performing his/her activity, attested by a medical certificate, the worker has to be transferred to another work.
Decree on Night Work §11(2)
Special categories
Young workers
Children under the age of 14 admited as apprentices or in process of pre-professional training cannot, in any case, occupy any post during the period of night work stated in art.1, and in general, not even during a period of 15 hours, from 17h until 08h of the following day.
Young workers between 14 and 18 years cannot be occupied in a work post during a period of at least 12 consecutive hours, from 18h until 06h of the following day. However, once they are apprentices or in a pre-professional or professional training, or employed, and whenever it seems necessary, profitable or without danger to their health, the Labour Inspector can authorize the work of the young workers forseen in the preceeding paragraph, to the limit of one hour before the beggining or the end of the mentioned interval (18h - 06h). These authorizations are subject to permanent control by the local Labour Inspectorate and can be revoked in case of deviation from their correct application.
Decree on Night Work §3, 4
SHIFT WORK
Criteria for shift work
The organisation of shift work is authorized. Shift work is that where one worker or a team of workers succeeds immediately another worker or another team of workers in the same work and for the same work time.
Shift work can be performed during the day or the night, sundays and holidays eventually included, in the companies that garantee a production or a service that needs continuously functioning, during the day and the night. In this case, the work of each team is continuously organised, unless interrupted by the rest break agreed by the employer and the workers.
Decree on Hours of Work §9, 10(1)(2)
Limits
Daily hours limit
The daily work time of a worker or a team of workers cannot exceed 8 hours, including a period half an hour of break, taken at once or divided.
Decree on Hours of Work §10(3)
SHORT-TIME WORK/WORK-SHARING
General provisions
No relevant provisions identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
Part-time workers who have family responsabilities benefit from priority to access a full-time job forseen in the company, or vice-versa. The familiy responsabilities mentioned in the preceeding paragraph shall be appreciated taking into account the status and the number of children the worker has, according to the current regulations. In case of equal status and number of children under the responsability of different workers, seniority shall be taken into account in order to determine which worker has priority. Seniority for part-time workers shall be counted in the same way as for full-time workers.
If the worker is considered unfit to continue performing his/her activity, attested by a medical certificate, the worker has to be transferred to another work.
Decree on Part-Time Work §17 Decree on Night Work §11(2)
Reasons for request
Medical reasons
With respect to night workers:
If the worker is considered unfit to continue performing his/her activity, attested by a medical certificate, the worker has to be transferred to another work.
Decree on Night Work §11(2)
INFORMATION & CONSULTATION
Information
The employer has to inform, at least once a year, the staff representatives and union representatives, as well as the Labour Inspectorate of the part-time employment situation in his/her company.
The document stating the part-time employment situation in the company shall inform the number, the sex, the qualification or professional category of the workers concerned.
Decree on Part-Time Work §23
Results generated on: 23rd April 2024 at 13:23:53.
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