Labor law in Comoros

The main statute is the Code du Travail 2012, Loi n°12-12/AU, promulgated by Décret n°12-167/PR on 28 June 2012. It amended Loi 84-108/PR and governs the relationship between an employer and a dependent worker throughout Comoros. Local implementation takes place through the central labor administration, an Inspection du Travail et des lois sociales on each island, labor inspectors or controllers, and the service de la main d'œuvre. Permanent cadres of the public administration are excluded from this labor-law framework and follow their own public-service rules. Employment may use a permanent contract, called a CDI, a fixed-term contract, called a CDD, or a contract for a defined work. A written contract is required when employment lasts more than three months or requires relocation away from the worker's main residence. The contract is subject to a medical examination and a visa from the labor inspectorate. If the Inspection does not decide within 30 days, the visa is treated as granted. A CDD generally lasts no more than two years and may receive one extension of no more than one year. A non-Comorian worker generally has a maximum three-year term unless a ministerial exception applies, and also needs a carte spéciale de travailleur étranger unless a treaty or reciprocity rule provides an exception. The employer must report a new hire to the service de la main d'œuvre within 48 hours, and the worker receives a free work card. The probationary period must be written down and may not exceed six months including an extension. Working time normally cannot exceed 40 hours per week or eight hours per day. Agriculture uses an annual limit of 2,340 hours, equivalent to 45 hours per week. An employer may recover lost working time within limits of one additional hour per day and eight additional hours per week. Night work runs from 19:00 to 05:00 and requires at least 12 hours of rest. Weekly rest lasts at least 24 hours, normally on Sunday or Friday. Overtime rates are set by ministerial orders. Paid leave accrues at no less than 2.5 calendar days per month of service, or three days for workers under 18, mothers with a child under 15, and workers with more than 15 years of service. Leave can normally be taken after one year. Unused leave is generally usable for two years; combining two years requires at least one month's notice and at least ten working days during the following year. Leave pay is at least one twelfth of the pay and compensation received during the previous 12 months. Defined travel and transport costs for recruitment or transfer away from the usual location fall on the employer. Pay follows the SMIG, the guaranteed interprofessional minimum wage, and any occupational minimums established by ministerial orders. Rules may also provide increases for seniority, attendance, overtime, night work, weekly rest and public holidays. Current monetary amounts and occupational categories need case-specific verification. Wages must be paid in the legal currency; payment in alcohol or prohibited goods is not allowed. Daily and weekly wages may not be paid at intervals longer than 15 days, while monthly wages must be paid no later than eight days after the end of the month. Piece-rate workers receive an advance of at least 90 percent of the SMIG every 15 days, with final settlement within 15 days after delivery. Commissions are due within three months after the end of the relevant quarter. At termination, wages and compensation are due on the last working day, and the employer must provide a payslip. Wage claims have no fixed limitation period under the supplied national rules. The employer must identify and control workplace accident and health risks, provide personal protective equipment, emergency and first-aid arrangements, instruction and protective measures without charge. Every company must provide a medical or sanitary service. A first-aid box applies to workplaces with five to 19 employees, a dressing room to those with 20 to 100 employees, and an infirmary to workplaces with more than 100 employees. A workplace with at least 100 employees needs at least one permanent nurse; a category with at least 300 employees requires a permanent doctor and nurses. A health and safety committee is required from 20 employees. The employer must report a workplace accident or occupational disease to the Inspection du Travail and the Caisse de prévoyance sociale within two days. Maternity protection covers 14 consecutive weeks, including eight weeks after birth, with up to three additional weeks for illness. Until the social-security regime applies, the employer pays the full wage under the supplied rules. A nursing worker may take breaks until the child is 15 months old, for a total of no more than one hour per working day. Pregnancy and maternity are not legitimate grounds for dismissal. A child under 15 may not work as an employee or self-employed worker; limited introductory activities are permitted only when they do not harm schooling, training or development. Forced labor is prohibited. Equal pay applies to equal or equivalent work, and discrimination is prohibited on grounds including race, color, sex, religion, political opinion, national ancestry, social origin, health and HIV status. Sexual and moral harassment are prohibited, and people who report harassment receive protection. An employer may not impose a monetary fine independently. Workers may form or join a trade union freely. Union statutes are filed with the mairie or chef-lieu, with copies to the labor inspectorate and the prosecutor. Collective agreements may operate at company, enterprise, branch or interprofessional level and at local, regional or national level. They may provide more favorable rules. A fixed-term collective agreement may last no more than five years and normally requires three months' notice for termination. It can regulate pay, supplements, probation, termination, leave and collective dispute conciliation. Employers with more than 10 employees must have elected délégués du personnel, or employee representatives, with a two-year mandate. Representatives receive special dismissal protection and generally require Tribunal approval for termination. A strike requires written notice stating its reason and duration, followed by an eight-day waiting period. Essential services may be subject to requisition. A CDI may be ended by either side, but an employer's dismissal requires a legitimate reason connected with ability, conduct or operational necessity. The employer must give written notice stating the reason, respect the notice period and pay the dismissal compensation required by the Code, a collective agreement or a ministerial order. Conduct or performance dismissals require a hearing and an opportunity to defend oneself, including assistance from another worker or a trade union. Serious misconduct must be acted on within five days after it becomes known. Dismissal for discriminatory reasons, union activity, pregnancy, maternity, illness or accident, a complaint, or giving evidence about harassment is not permitted. Economic termination requires consideration of qualifications, seniority and family responsibilities, consultation with the Inspection and information to employee representatives, and a two-year priority for re-employment. During the notice period, the worker receives one paid day per week to seek another job. The employer must provide a certificate of employment. Technical unemployment may last up to six months including extensions; economic unemployment may last up to three months per year, with at least 30 percent of basic pay and continued social benefits. An individual employment dispute normally goes first to conciliation before the Inspection du Travail. A claim against an unfair termination must generally be filed within six months, after which the worker may bring the case to the Tribunal du Travail. The tribunal is generally connected to the place of work, or, for dismissal, alternatively to the worker's residence in Comoros. The tribunal attempts conciliation; if it fails, the hearing follows no later than three weeks afterward. The procedure is free, and an employee automatically receives legal aid for enforcement. An appeal must normally be filed within 15 days and transmitted within eight days. Collective disputes are reported immediately to the Inspection, followed by conciliation and, where required, tariff arbitration or the Conseil d'arbitrage on the relevant island. An objection to an arbitration award must be made within 10 days. Conciliation and arbitration are free, and the overall process is intended to remain within a reasonable period of 30 days. Employers also have administrative duties. They must notify the Inspection before opening, changing or closing a workplace, keep the employer register for five years after its last entry, and maintain the required workplace dossier and declarations without administrative fees. More favorable rights already acquired remain protected. Costs for statutory travel and transport, workplace protection and specified health services can fall on the employer. The applicable amount of the SMIG, overtime supplements, occupational minimums, dismissal compensation and collective-agreement benefits should be checked against the current ministerial order, contract and applicable agreement before a payment or claim is calculated.