Employer in Sierra Leone

Sierra Leone does not have a separate general employer licence identified in the applicable framework. An employing organisation operates through its legal entity, workplace registration, labour oversight and registration with the National Social Security and Insurance Trust (NASSIT). The Employment Act 2023 applies to employers and workers, including civilian workers, but excludes the armed forces, police, fire force and correctional service. Informal self-employment and family work may not create an employer-worker relationship, while the formal employer framework is especially relevant to registered companies, public bodies, mines, factories, contractors, NGOs, formal small businesses and other wage-paying organisations. Before opening a workplace, starting operations, changing the business or activity, or entering a labour-related agreement, the employer should notify the Commissioner of Labour and Employment in writing. The workplace is subject to suitability and compliance checks and should be registered. Employers also report vacancies to the Commissioner. Recruitment may use the Employment Centre, a licensed private employment agency, advertisements, interviews or direct applications. A worker recruited through an agency must be reported to the Commissioner in writing. Sierra Leonean workers receive priority, while a foreign expert is generally considered only where a local skills shortage exists and the employer has a training and succession plan. A non-citizen needs a valid work permit or exemption certificate, and the employer can be liable for a breach. The employer gives each worker written employment particulars no later than 12 weeks after work begins. These particulars cover the parties and addresses, start date, function and workplace, pay and its calculation, pay interval and permitted deductions, overtime, working hours and shifts, leave, sickness and injury arrangements, notice, any collective agreement and disciplinary rules. Changes should be provided in writing within four weeks, and the employer keeps a copy. Each wage payment should have an itemised statement in simple English. Payment is made in legal tender or into a bank or other account with the worker's written agreement. Deductions are limited to those allowed by law or authorised in writing, and the employer keeps wage and wage-related records. Women and men receive equal remuneration for work of equal value, supported where needed by job evaluation. Forced labour, discrimination, violence and harassment are prohibited. NASSIT registration applies to every employer and worker from the first worker. The coverage includes permanent, temporary, seasonal, casual, probationary, provisional, part-time and contract workers. The employer contributes 10% of earnings and deducts 5% from the worker's earnings, making a total contribution of 15%. Payment is due within 15 days after the end of each month. Late or missing registration and payments can lead to interest, penalties, arrears and legal recovery, and failure to register is an offence. The applicable framework also requires attention to the national minimum wage, although the current wage base was not verified in the available material. Working arrangements generally allow up to eight hours per day and 48 hours per week, with at least 24 consecutive hours of weekly rest. After one year, annual leave is at least one month of basic salary; where the employer prevents the worker from taking leave, the entitlement is 1.5 months. Maternity leave provides at least 14 weeks with full remuneration, and paternity leave provides two weeks with full remuneration, normally no more than once in a year. Sick leave uses a medical certificate; where the employer nominates the doctor, the employer pays the doctor's fees and transport. A pregnant worker or a mother of a child under eight months should not work overtime, and a medically harmful assignment away from the worker's residence is restricted after the fourth month of pregnancy. Supervisors may recommend or carry out decisions concerning hiring, transfer, suspension, layoff, recall, promotion, discharge, rewards and discipline, within the employer's authority. The employer keeps disciplinary rules and follows a fair process: proper investigation, written notice of the allegation, preparation of the case and an opportunity to appeal. A first infringement normally involves a written query and warning. Summary dismissal is reserved for gross breach, serious misconduct or insubordination. Termination may be based on proven misconduct, incompetence, redundancy or a legal restriction, but the employer carries the burden of proof. Unfair termination can result in reinstatement, re-employment or compensation of at least 24 months of the national minimum wage. Protection applies to workers who join or support a union, make a complaint, take lawful strike action, use leave, become pregnant, have a disability or suffer certified illness or injury. The Factory Act 1974 remains the identified occupational safety basis while an Occupational Safety and Health Act is under review. The Directorate of Occupational Safety and Health and Factory Inspectorate can inspect workplaces, investigate accidents and dangerous occurrences, prosecute, provide guidance and training, monitor the environment and collect injury and disease statistics. An inspector may enter without notice, review documents, take samples, test conditions, issue improvement or prohibition notices, seal equipment or stop a work process, and close a workplace for non-compliance or imminent danger. Plant and machinery require statutory testing at intervals that may be six-monthly or yearly. Specified underground or hazardous work may require medical fitness checks, including annual lung X-rays for workers under 21, while other specified hazards require pre-employment or periodic examinations. The employer does not charge the worker or the worker's family for required examinations. Retaliation for a safety complaint, association, work injury or pregnancy is prohibited. Mining employers have additional duties to provide safe conditions, a health and safety system, competent staff and resources, and records for at least five years. Workers may form, join and participate in trade unions, and employers may join an employers' organisation or federation. Union discrimination, intimidation and retaliation are prohibited. Union dues may be deducted where a collective bargaining agreement certificate and the worker's request or other required authority support the deduction, with written opt-out rules where applicable. The Sierra Leone Employers' Federation is the employer-side functional organisation, while the Sierra Leone Labour Congress represents the worker side. The Industrial Relations and Trade Union Act 2024 is listed as replacing the earlier framework, but current collective-agreement and Registrar practice should be checked for implementation details. Workplace grievances, violence and harassment can proceed through the employer's procedure and then to the Commissioner for complaint, investigation, mediation or conciliation, with possible referral to the High Court. The Commissioner can protect the confidentiality of a source. Obstruction, false records and failure to attend conciliation can create criminal exposure. A worker may challenge a disciplinary penalty, and the penalty can be revoked or replaced, with wages repaid or the matter referred to the High Court. The High Court has labour jurisdiction; no separate specialist labour tribunal was confirmed in the available primary material. A planned closure, merger, production or programme change, organisational restructuring or technology change that creates redundancy risk requires written notice to the Commissioner and, where relevant, the union at least three months before the change. The employer consults on avoiding, reducing or mitigating redundancies and applies last-in-first-out selection while considering merit. The employer should make best efforts to pay redundancy compensation. Where a collective termination affects at least 5% of workers within four weeks, the employer consults, informs or negotiates with the union and gives the Commissioner at least four weeks' notice before the first termination. Force majeure or an emergency can remove redundancy compensation, but end-of-service benefits and other earned entitlements remain relevant. In insolvency or winding-up, the employment contract generally ends after one month, and wage claims receive priority subject to judicial fees.