Employer in Guinea

An employer in Guinea may recruit directly or use the Service public de l’emploi or a private placement provider. AGUIPE-E serves as a public intermediary for employment, skills and entrepreneurship. Public registration and recruitment are free. The employer must declare personnel to the Service public de l’emploi within 15 working days after recruitment. An organisation patronale can be formed freely by sector, region or company size, and the current employer confederation CGE-GUI supports employer representation and sector dialogue. An indefinite employment contract, called a CDI, is the default. A fixed-term contract, called a CDD, apprenticeship, probation arrangement or internship changes the applicable conditions. A CDD must be documented in writing or by a written letter before work begins and may last no more than two years in total, including renewals. A temporary assignment may last no more than six months. A worker from outside ECOWAS requires prior authorization from the Service public de l’emploi, a written contract and a visa; the authorization period may not exceed four years. The minimum working age is 16. Employers must not discriminate and must prevent violence, moral harassment and sexual harassment. Disciplinary action is limited to professional fault and must remain proportionate. An internal rules document, called a règlement intérieur, is required in an enterprise with at least 25 employees. The employer consults union delegates for 15 working days, submits the document to the Inspection Générale du Travail, or IGT, for control within 30 working days, and displays it at the workplace. It takes effect one month after display. Normal working time is 40 hours per week. Unilaterally ordered overtime is capped at 100 hours; additional overtime requires IGT authorization. Overtime receives a 30 percent increase for the first four hours and 60 percent thereafter. Work between 21:00 and 05:00 receives a 20 percent increase. The employer consults union delegates about schedules, displays them and sends them to the IGT. Wages must be paid at intervals of no more than 30 days. The applicable SMIG and social-security wage floor is 550,000 GNF, while the contribution ceiling is 2,500,000 GNF. Annual leave is paid, and the employer may not restrict the worker's disposal of wages. The Caisse Nationale de Sécurité Sociale, or CNSS, covers employers, workers, apprentices and trainees. The employer must register the enterprise and each worker within eight days. The registration file includes an application, the RCCM or company statutes and a signed payroll. Total social-security contributions are 23 percent: 18 percent from the employer and 5 percent from the worker. The branches are family benefits at 6 percent, work accidents and occupational diseases at 4 percent, sickness at 6.5 percent and old-age insurance at 6.5 percent. The employer remains responsible for declaring and paying both shares. Employers with at least 20 employees pay monthly; smaller employers pay quarterly unless they request monthly payment. Payment is due within the first 15 days after the contribution period, and late payment adds 5 percent per month. eCNSS permits online salary declarations and payments. Every enterprise must adapt its premises and work organisation to prevent accidents and occupational diseases. An enterprise with at least 25 regular employees establishes a health and safety committee. Dangerous work must be declared to the IGT and the occupational physician. Every employer arranges occupational medicine, including a pre-employment examination no later than the end of the trial period and an annual examination. The workplace must have first-aid arrangements and a plan for evacuation to the nearest suitable medical facility. A construction site above the applicable regulatory threshold needs a hygiene, safety and health plan before work starts. The plan covers subcontracted work, first aid, worker facilities and notification to the IGT. An employer with at least 25 employees habitually employed for 12 months has elected union delegates. Employees need at least three months of seniority to vote and one year to stand for election. The number of delegates increases with workforce size. The employer provides suitable premises and 15 paid delegation hours per month. Dismissing a union delegate requires IGT authorization. A provisional suspension requires notification to the IGT and a request for a decision within 48 hours; the IGT decision is targeted within 15 days. The employer may not discriminate because of union membership. Collective agreements may apply at establishment, enterprise, branch, interprofessional, local, regional or national level, and may grant terms more favourable than the statutory minimum. A temporary technical-unemployment measure, called chômage technique, can address an accidental or economic interruption of work. The employer informs union representatives and, unless a collective or regulatory rule provides otherwise, gives prior information to the IGT. The measure may last no more than six months including renewals. For a CDI, the notice period is three months for cadre staff, two months for maîtrise staff and one month for execution staff. Severance applies after at least 12 months of effective service, and the employer must issue a certificate of work. Maternity suspension covers six weeks before birth and eight weeks after birth, 14 weeks in total; the employer pays half the wage and the CNSS pays the other half. After a work injury or occupational disease, a medically fit worker returns to the same or an equivalent position. Retirement notification requires at least six months when seniority exceeds 10 years, two months with two to 10 years of seniority and one month in other cases. The IGT advises, inspects and conciliates. For an individual employer-worker dispute, IGT conciliation is optional; it produces a procès-verbal, and the dispute can otherwise go to the labour court. A collective strike may proceed after notice and conciliation, followed by 10 working days, subject to safety and minimum-service requirements. A lock-out is prohibited except for safety reasons or an irregular strike and with an IGT opinion. Arbitration can be used during a crisis or in an essential service. The labour court handles disputes about contracts, discipline, internal rules, worker representation and collective conflicts.