Labour Code [LC], 29 June 1996
(Ordonnance n° 96-039 du 29 juin 1996 portant Code du travail au Niger - available in French)
Date:29 Jun 1996;
(view in NATLEX »)
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants
Art. 2 LC
FTC regulated: Yes
Rules on the use of FTCs are contained in art. 51-56 LC.
Valid reasons for FTC use: objective and material reasons
No list of specific reason for resorting to fixed-term contract (art. 51 LC). However, the use of FTC to fill in, on a lasting basis, positions connected with the normal and permanent activity of an undertaking is prohibited and such contract would be deemed concluded for a indefinite period (see art. 51 and 56 LC).
Art. 54 LC regulates FTCs concluded for an unspecified: these are permitted if they are concluded for the replacement of a temporarily absent worker, for the length of a season, for an occasional increase in workload or for work that does not form part of the customary activities of the enterprise.
Maximum number of successive FTCs: no limitation
No limitation provided that the total duration of the fixed-term employment relationship does not exceed 2 years (art. 53 LC).
Contracts of a limited duration but with an unspecified term (seasonal work, temporary replacement of a worker, temporary increase volume of work) can be renewed without any limitation (art. 55 LC).
Maximum cumulative duration of successive FTCs: 24month(s)
Art. 53 LC.
However, the maximum cumulative duration is not applicable to those contracts with a limited but unspecified duration (seasonal work, temporary replacement of a worker, temporary increase volume of work). (art. 55 LC)
Maximum probationary (trial) period (in months): 6 month(s)
Art. 45 LC:
The probationary period is optional. It must be established in writing and can not be concluded or renewed for a period longer than the time required to test the worker's skills, given the technology and practice of the profession. The maximum duration of trial period and its renewal is set by collective agreements. or in their absence, by Ministerial orders.
The maximum probationary period for permanent contracts cannot exceed 6 months, including renewals. It is is extended to one year for workers hired outside of Niger.
Note: The 1972 Inter-occupational Collective Agreement in appendix No 1. establishes the duration of the probationary period according to the worker's category:
- 8 days for hourly, daily or weekly paid workers;
- 1 month for monthly paid workers;
- 1 to 3 months for first-line supervisors and technicians;
- 3 months for engineers, and executives
- 6 months for senior executives.
Obligation to provide reasons to the employee:
Yes
Dismissals based on the worker's conduct or capacity: art. 72 LC.
Dismissal on economic grounds: art 77 LC.
Art. 71 LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking
See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
Art. 71 LC lists unfair reasons for dismissal. There are:
- the above-mentioned groubds for discrimination;
- seeking office as, or acting or having acted in the capacity of, a workers' representative;
- the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
- marital status, pregnancy, temporary absence from work because of illness or injury.
Art. 103 LC: prohibition of dismissal during maternity leave.
* Art. 216 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
* Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 103 LC.
Notification to the worker to be dismissed: written
See art. 77 LC (economic dismissals) and 83, al. 2 LC (summary dismissal). No such specific requirement for any other dismissal in the LC. However, see art. 28, 1972 Inter-occupational Collective Agreement that specifically requires that notification be written.
Notice period:
No specified duration in the LC. However,the 1972 Inter-occupational Collective Agreement in appendix No 1. establishes the duration of the notice period according to the worker's category, as follows:
- 1 month for monthly paid workers;
- 8 days for hourly, daily or weekly paid workers;
- 1 month for first-line supervisors ("agents de maîtrise") and technicians;
- 3 months for engineers, executives and senior executives.
tenure ≥ 6 months:
tenure ≥ 9 months:
tenure ≥ 2 years:
tenure ≥ 4 years:
tenure ≥ 5 years:
tenure ≥ 10 years:
tenure ≥ 20 years:
Pay in lieu of notice: Yes
Art. 83 LC
Notification to the public administration: No
Except in case of a dismissal of a workers' representative (art. 216 LC) and an economic dismissal (art. 73 LC).
Notification to workers' representatives: No
Except in case of an economic dismissal (art. 73 LC).
Approval by public administration or judicial bodies: No
Except for the dismissal of a workers' representative: art. 216 LC.
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned):
No definition of collective dismissal.
Reference to economic dismissal of one or more employees.
Art. 73 LC
Prior consultations with trade unions (workers' representatives): Yes
Art. 73 to 76 LC
Notification to the public administration: Yes
Art. 73 and 77 LC
Notification to workers' representatives: Yes
Art. 73 LC
Approval by public administration or judicial bodies: No
However, approval is mandatory in the event of a dismissal of a workers' representative: art. 216 LC.
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): Yes
Art. 74 LC: professional skills, length of service and family responsibilities.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No
However, art. 75 LC gives the possibility to each participant in the consultation meeting to formulate proposals aiming at avoiding dismissals or mitigating their adverse effects.
Priority rules for re-employment: Yes
Art. 80 LC: priority right to re-employment for 2 years.
These procedural requirements apply any dismissal (individual or collective) based on economic grounds.
Severance pay:
No provision in the LC. However, severance pay is governed by art. 34 of the Inter-occupational Collective Agreement:
A worker is entitled to severance pay provided he has been employed continuously for a period of at least one year and he has not committed any serious misconduct. Severance pay corresponds to a percentage of the monthly overall wages per year of service and is set according to the length of service as follows:
*20% per year during the first 5 years
*30% per year from the 6th to the 10th year
*35% per year after the tenth year.
tenure ≥ 6 months: 0 month(s)
tenure ≥ 9 months: 0 month(s)
tenure ≥ 1 year: 0.2 month(s)
tenure ≥ 4 years: 0.8 month(s)
tenure ≥ 5 years: 1 month(s)
tenure ≥ 10 years: 2.5 month(s)
tenure ≥ 20 years: 6 month(s)
Redundancy payment:
Severance pay + specific additional payment of 1 month's gross wages for individual and collective dismissals on economic grounds (art. 79 LC).
tenure ≥ 6 months: 1 month(s)
tenure ≥ 9 months: 1 month(s)
tenure ≥ 1 year: 1.2 month(s)
tenure ≥ 2 years: 1.4 month(s)
tenure ≥ 4 years: 1.8 month(s)
tenure ≥ 5 years: 2 month(s)
tenure ≥ 10 years: 3.5 month(s)
tenure ≥ 20 years: 7 month(s)
Compensation for unfair dismissal - free determination by court: Yes
Art. 84 Paragraph2 and 85 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other established right.
Reinstatement available: No
The LC does not contain any provision on reinstatement and only provides for the payment of damages in the event of unfair dismissal (art. 84Paragraph2 LC).
In practise, reinstatement is however ordered by the labour court. See, for example the Direct Request made ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) in 2011 [link available under scope of additional information] :
"The Government indicates that the labour tribunal has the power to declare the termination invalid and to propose reinstatement should it identify any irregularity in the grounds and procedure for termination. The Government also indicates that, if the employer rejects the request for reinstatement, it is required by law to pay the worker compensation"
Preliminary mandatory conciliation: Yes
Art. 294 LC: conciliation shall be part of the procedure before the labour court.
In addition, before starting any judicial proceedings, the parties can resort to extra-judicial conciliation before the Labour Inspectorate (art. 306 LC).
Competent court(s) / tribunal(s): labour court
Art. 278 LC
Existing arbitration: No
In the LC, Arbitration is only foreseen for the resolution of collective labour disputes.