Employer in Comoros

The employer role in Comoros covers private and public employment relationships, although permanent civil-service positions are outside the scope of the Labour Code rules described here. Local terms include employeur, chef d'entreprise, chef d'établissement and tâcheron. Formal employers generally begin through the ANPI and its Bureau de Création d’Entreprise (BCE), followed by registration in the commercial register, tax and patent formalities, and affiliation with the CNSPS. ANPI has service points in Moroni on Ngazidja, Ouani on Ndzouani and Bandar Salam on Mwali. The available business and labour services are free of charge. An employer must notify the Inspection du Travail before opening, changing, moving or closing a workplace. The island labour service handles job offers and applications, guidance, placement and labour-market information. Each hiring and departure must be reported within 48 hours, and the employer must provide an employment card. The employer must also keep an employer register in three parts, update it continuously and retain it for five years after the last entry. Employers with more than 15 employees prepare an annual bilan social. Employment contracts may be permanent contracts, fixed-term contracts or contracts for a specified work. A fixed-term contract generally lasts no more than two years for a Comorian citizen or ordinary resident and may be renewed once for up to one additional year. For a foreign employee, the usual maximum is three years, subject to a possible ministerial exception. A contract lasting more than three months or requiring a change of residence must be written and submitted for Inspection approval. The employer applies for the required visa; if the administration does not decide within 30 days, the application is treated as approved under the supplied research findings. A foreign employee also needs a special foreign-worker card. A probation period must be written and may last up to six months. The chef d’entreprise establishes internal rules covering technical matters, discipline, hygiene and safety. These rules apply across business sizes. Normal working time is 40 hours per week and eight hours per day; agriculture generally uses a 45-hour week. Night work runs from 19:00 to 05:00, with at least 12 hours of rest. Weekly rest lasts at least 24 hours and is generally taken on Sunday or Friday. Paid leave is at least 2.5 calendar days per month, with three days for employees under 18, mothers with children under 15 and employees with more than 15 years of service. Employees performing equal or equivalent work must receive equal pay. The employer must issue pay statements, retain proof of wage payments and avoid imposing private fines or unilateral claims for damages. The employer must prevent workplace accidents and health risks, provide personal protective equipment free of charge, give safety instructions when employees start work, organise first aid and emergencies, and maintain hygiene, water, ventilation and other safety arrangements. Medical services include examinations at hiring and at regular intervals. A workplace with five to 19 employees needs a first-aid box, one with 20 to 100 employees needs a dressing room, and one with more than 100 employees needs an infirmary. A work accident or occupational disease must be reported to the Inspection du Travail and the CNSPS within two days. The Inspection should also be consulted before establishing a workplace, opening a new workshop or changing a production process. A safety and hygiene committee is required from 20 employees. CNSPS affiliation applies when an employer has at least one employee, including in the informal sector. The employer requests registration within 10 days of opening the business, or within five days for households, self-construction work and informal-sector activity. Registration begins from the first hire. The end of employment or closure must be reported within eight days. Contributions are declared and paid quarterly within 30 days after the quarter ends, or monthly within 15 days of the following month. Late payment attracts an additional three percent for each month of delay. The supplied rates are five percent for occupational accidents and diseases in sector 1, three percent in sector 2 and 2.5 percent in sector 3, plus one percent of the wages of female employees for widowhood and maternity protection. Payroll should verify the current rates before payment. A CNSPS clearance certificate can be relevant for public contracts, subsidies and investment benefits. Employees may form or join trade unions in all companies, and an employer may not disadvantage an employee because of union membership. Employee representatives are required in workplaces with more than 10 employees. The employer organises the election, and the mandate lasts two years and may be renewed. Dismissal of an employee representative requires authorisation from the Tribunal du Travail. The Conseil Consultatif du Travail et de l’Emploi brings together employer and employee representatives from each island and the ministry. A permanent employee may be dismissed only for a legitimate reason, with written notice, the reason stated and the required termination compensation. An abusive dismissal can lead to damages, and an attempt at reinstatement comes first. When reduced activity or reorganisation requires job losses, the employer considers qualifications, length of service and family responsibilities, consults the Inspection and informs employee representatives. A person dismissed in this context has priority for re-employment for two years. Individual and collective labour disputes generally begin with the Inspection du Travail, which seeks an amicable settlement. If that fails, it issues a certificate of non-conciliation for proceedings before the Tribunal du Travail at the Tribunal de première instance, usually where the work was performed. Social proceedings are free of charge. A collective dispute must be reported to the Inspection immediately; a further hearing follows within a maximum of two days when required. An employer may be represented by a same-sector employer, a lawyer, an employer or employee organisation, or the company management. The Inspection can advise and inspect without prior notice, set deadlines, require protective measures, stop machinery or order a temporary closure. An employer can challenge such a measure before the minister within 48 hours. Informal employers are not automatically outside the social-protection duties, but practical representation and formal access are less consistently documented than in the formal sector.