Only permanent employees are given written notice before their termination. The notice period depends on the employee’s occupational category:
Both parties may agree, only after notification of dismissal, and in writing, not to execute the notice and liberate themselves from their mutual obligations. Employers who fail to comply with their obligation to offer notice must pay an amount corresponding with the employees’ losses associated with wages, compensation, and other benefits they would have acquired throughout the notice period. Likewise, employees who unilaterally decide not to work during the notice period must pay the employer an allowance corresponding to the salary they would have received upon working regular hours until the expiration of the leave period (except in cases when an employee is dismissed without justification, or an employer violates employment obligations).
In Guinea, when employers intend to hire foreign workers outside the ECOWAS (Economic Community of West African States), they must obtain prior authorization from the Minister of Labor. The duration of the employment contract concluded with a foreign worker cannot exceed four years, including renewal. The permit application is the responsibility of the employer. The agreement must be written and submitted for approval to the public employment service, which must respond to any request to that effect within a period not exceeding 30 days. After this time, the work request is tacitly approved.
Guinea issues biometric work permits. The system establishes tiered fees for 3 categories:
The work permit is compulsory for all foreign workers. It is issued for a period of 12 months and requires the payment of an annual fee of USD 1,000 (United States dollars), payable by the employer.
The Labor Code of Guinea stipulates that every employee is entitled to leave with pay from the employer at the rate of 2.5 working days per month of actual work. Employees earn the benefit of annual leave after an effective period of service equal to 1 month. Leave with payment may not exceed 12 consecutive working days. Employees must take leave every year and may not be compensated in lieu of taking leave. Employers must pay the employees the full salaries and allowances they are otherwise entitled to, throughout leave, excluding allowances directly related to the execution of work.
In case of termination or expiry of employment contract before the employee has been able to benefit from all the annual leave to which they are entitled, a compensation is granted in the amount of full salary.
In Guinea, the regular working day is 8 hours, and the standard workweek is 40 hours. Overtime hours may not exceed 10 per day or 48 per week. Additionally, overtime is limited to 100 hours per calendar year, unless the labor inspector grants special authorization.
In Guinea, female employees have the right to suspend employment for a period beginning 6 weeks before the expected delivery and ending 8 weeks after this date. It is prohibited to employ female employees for 6 weeks after childbirth.
If a medical condition occurs as a result of the pregnancy, upon presenting a medical certificate, the suspension of the contract can be extended for the duration of the condition. This extension cannot go over 8 weeks before the expected date of delivery and 10 weeks after childbirth. In the case of multiple births, maternity leave will be extended by 2 weeks.
When a female employee's employment is suspended, the employer pays half the salary she received, and the other half is paid by the National Social Security Fund.
The Labor Code stipulates that all employees are entitled to a guaranteed inter-professional minimum wage. The minimum wage is determined by a decree after deliberations of the Advisory Committee of Labor and Social Laws. If a collective agreement guarantees a more favorable minimum wage, it will supersede the government-imposed minimum wage. The current minimum wage for all sectors of activity in the Republic of Guinea is GNF 550,000 (Guinean francs) per month.
Salary must be paid at regular intervals not exceeding 15 days for employees hired fortnightly or less, and 30 days for employees paid monthly. Commissions earned during a quarter must be paid within 3 months following the end of that quarter. Payments must be documented by the employer or their representative and signed by the employee or 2 witnesses if the employee is illiterate. These records must detail gross and net wages, deductions, calculation methods, and the payment period. Employers must keep these documents as they would accounting records and present them upon request by the Labor Inspector.
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