References
Labour Code [LC]<br/>(Act No 3/94 of 21 Nov. 94, as amended by Act n°12/2000 of 12 Oct. 2000)<br/>(Code du travail - in French only)
Date:
20 Aug 1970;
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(view in NATLEX
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Order No. 018/PR/2010, amending some provisions of the Labour Code<br/>(Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise - in French only)
Date:
21 Aug 1970;
(view in NATLEX
»)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants
Art. 1 LC.
FTC regulated: Yes
Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.
Valid reasons for FTC use: no limitation
Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.
: 2
Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.
Fixed-term contract can only be renewed once
New in 2010: The former exception to this rules regarding "fixed-term contract of a short duration" which could be renewed more than once, provided the cumulative duration did not exceed 2 years, was removed from Art. 23 LC by Order No. 018/PR/2010.
Maximum cumulative duration of successive FTCs: 48month(s)
Maximum duration of a FTC: 24 months renewable once (Art. 23 LC as amended in 2010 by Order No. 018/PR/2010).
Maximum probationary (trial) period (in months): 6 month(s)
Art 30 LC establishes a maximum statutory probation period that varies according to the category of worker, as follows:
* 6 months for executive staff
* 3 months for white collars, technicians and supervisors
* 1 month for the other workers.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: pregnancy, maternity leave, filing a complaint against the employer, race, colour, sex, religion, political opinion, social origin, nationality/national origin, trade union membership and activities
Art. 8 LC on non-discrimination.
Art. 74 LC on unfair dismissals.
Art. 170 LC on pregnant women.
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave
Art. 294 and Art. 170 LC.
Notification to the worker to be dismissed: written
Art. 51 LC, as amended in 2010 by Order No. 018/PR/2010: written notification to attend an oral interview.
Art. 53 LC: dismissal letter.
Notice period:
According to art. 65 LC, the statutory minimum notice period varies according to the length of service, as follows:
- up to 1 year of service: 15 days;
- from 1 to 3 years of service: 1 month;
- from 3 to 5 years of service: 2 months;
- from 5 to 10 years of service: 3 months;
- from 10 to 15 years of service: 4 months;
- from 15 to 20 years of service: 5 months;
- from 20 to 30 years of service: 6 months.
Above 30 years, an increase of 10 days per year of length of service is granted.
All:
All:
- All: 15 day(s).
All:
All:
- All: 15 day(s).
All:
All:
- All: 1 month(s).
All:
All:
- All: 2 month(s).
All:
All:
- All: 3 month(s).
All:
All:
- All: 4 month(s).
All:
All:
- All: 6 month(s).
Pay in lieu of notice: Yes
Art. 69 LC.
Notification to the public administration: No
Except for any:
* Individual dismissal based on economic grounds: Art. 56 LC;
* Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;
* Dismissal of a workers' representative: Art. 294 LC.
Notification to workers' representatives: No
However, such notification is mandatory in case of any individual dismissal based on economic grounds: Art. 59 LC.
Approval by public administration or judicial bodies: No
However, approval by the administration is required for any:
* Individual dismissal based on economic grounds: Art. 56 LC;
* Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;
* Dismissal of a workers' representative: Art. 294 LC.
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned) No statutory definition of collective dismissal. <br/>However, the Labour Code provides for a definition of economic grounds and refers to more than 1 employee
Art. 50 LC: definition of economic reasons.
Art 56 LC: any individual or collective dismissal for economic reasons.
Notification to the public administration Yes
Art. 59 LC.
Notification to trade union (workers' representatives) Yes
Art. 56 LC.
Notification to workers' representatives: Yes
Art. 59 LC.
Approval by trade union (workers' representatives) Yes
Art. 56 and 57 LC.
Approval by the Labour Inspector is required for any individual or collective dismissal on economic grounds.
Approval by workers' representatives No
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
Art. 59 LC.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes
Art. 60 LC: preferential right to re-employment for 1 year.
Priority rules for re-employment Yes
Art. 59 LC.
In addition, art. 59 provides for a social plan for dismissed workers to be established in collaboration with the National Employment Office. However, the adoption of a social plan is only mandatory in case of a dismissal affecting at least 10 employees.
Notes / Remarks
The procedures established by the LC apply to both individual and collective dismissals based on economic grounds (except for the social plan that is only mandatory when the dismissal affects at least 10 employees).
:
Arts. 70 and 73 LC:
A worker is entitled to severance pay provided he has been employed for at least two years and he has not committed any serious misconduct.
Severance pay corresponds, as a minimum, to 20 % of the monthly overall wages per year of service.
: 0 month(s)
: 0 month(s)
: 0 month(s)
: 0.4 month(s)
: 0.8 month(s)
: 1 month(s)
: 2 month(s)
: 4 month(s)
:
See Art. 70 and 73 LC.
Severance pay covers economic dismissals. The only difference lies in the years of service required to be entitled to severance pay
If a worker is dismissed for economic reasons, he or she will receive severance pay provided he has been employed for at least 1 year and he has not committed any serious misconduct. [2 years of service is required for dismissals based on other reasons]. Severance pay corresponds, as a minimum, to 20 % of the monthly overall wages per year of service.
: 0 month(s)
: 0 month(s)
: 0.2 month(s)
: 0.4 month(s)
: 0.8 month(s)
: 1 month(s)
: 2 month(s)
: 4 month(s)
mine workers: Yes
Art. 75 LC (unfair dismissal).
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Unfair dismissal: free determination by the Court.<br/>
Art. 75 LC and 55 LC.
managerial / executive positions: Yes
Only for workers' representatives: Art. 294 LC. Reinstatement is not available to workers not falling within this category.
police: Yes
Art. 314 LC: Extra-judicial conciliation shall take place before the Labour Inspector before the claim is brought to the court.
Art. 334 LC: Preliminary mandatory conciliation is part of the procedure before the Labour Court.
Art. 318 LC.
Existing arbitration: No