Rules governing the use of FTCs are outlined in Sections 47 and 58-63 of the LC.

▷ No list of specific reasons for resorting to a fixed-term contract. 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 contracts would be deemed concluded for an indefinite period. (see Sections 58 and 63 LC).
→ Section 61 LC regulates FTCs concluded for an unspecified duration. 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.

▷ Fixed-Term Employment Contracts
→ Section 60 LC does not refer to an unlimited number of renewals and limits the maximum number of successive FTCs to two, providing that "a fixed-term contract with a specified duration can be concluded for a maximum period of 2 years, renewable once.
▷ Unspecified Employment Contracts
→ Contracts of a limited duration but with an unspecified term (seasonal work, temporary replacement of a worker, temporary increase in volume of work) can, however, be renewed without any limitation (Section 62 LC).
▷ Note: Before 2012, under the former LC, Section 53 provided that FTCs (with a specified duration) could be renewed without any limitation, provided that the total duration of the fixed-term employment relationship did not exceed the maximum duration of 2 years.

→ Section 60 LC provides for a maximum cumulative duration of 2 years, renewable once (= in total 48 months).
▻ However, Section 61 LC provides that the maximum cumulative duration does not apply to contracts concluded for a limited but unspecified duration (seasonal work, temporary replacement of a worker, temporary increase in the volume of work).

▷ Indefinite Employment Contracts
→ Under Section 52 of the Labour Code (LC), the probationary period is optional. It must be established in writing and cannot 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 the trial period and its renewal are 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 extended to one year for workers hired outside of Niger.
▷ Fixed-Term Employment Contracts (FTCs)
→ Section 60 of the LC provides that FTCs may include a probationary period (not mandatory). The duration of probationary periods for FTCs cannot exceed one month. Renewed FTCs cannot include any probation.
▷ The 1972 Inter-occupational Collective Agreement (ICA 1972)
→ Section 12 of the ICA 1972 states that: The hiring of a worker may be preceded by a trial period, which must be stipulated in writing and whose maximum duration varies according to the professional category to which the worker belongs. This duration is specified in the annexes specific to each professional branch.
During the trial period, the worker must receive at least the minimum wage for the professional category of the position to be filled. During the trial period, either party has the reciprocal right to terminate the contract without indemnity or notice. In the event of termination of the trial contract by either party, all round-trip travel expenses for the worker from the place of hiring to the place of work are the responsibility of the employer.
→ Appendix No. 1 of ICA 1972 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 ("agent de maîtrise") and technicians;
- 3 months for engineers and executives
- 6 months for senior executives.

→ Section 5 LC indicates that subject to the express provisions of this Code or any other legislative or regulatory text protecting women and children, as well as provisions concerning the status of foreigners, no employer may take into consideration a worker's sex, age, national ancestry or social origin, race, religion, colour, political or religious opinion, disability, HIV-AIDS, sickle cell disease, union membership or non-membership, or union activities when making decisions concerning, in particular, hiring, the management and distribution of work, vocational training, advancement, promotion, remuneration, the granting of social benefits, discipline, or the termination of the employment contract.
→ Section 78 LC lists unfair reasons, indicating that in no cases can the following constitute legitimate grounds for dismissal, in particular:
▻ Based on the grounds of discrimination referred to in Section 5 of this Code in (§ 5 LC):
▻ 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, or temporary absence from work because of illness or injury.
→ Section 111 LC provides for the prohibition of dismissal during maternity leave (no reference to pregnancy).
See also: Sections 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.
Note: Since Sept. 2012, Section 152 LC introduces additional grounds, namely, HIV-AIDS and sickle cell disease (drepanocytosis).

▷ Workers' representatives:
→ Sections 227-228 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
Note : The LC 2012 introduced provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
In addition, the LC 2012 establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
→ Section 228 LC provides that : Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
▻ See also: Sections 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.
▷ Pregnant women and women on maternity leave:
No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Section 111 LC.
Prohibition of dismissal during pregnancy is included under Section 78 LC (last point).

▷ Labour Code (LC)
→ Section 79 indicates that: When an employer plans to dismiss an employee for reasons related to the employee's conduct or aptitude, he must, before making any decision, offer the person concerned the opportunity to defend himself against the accusations or to explain the reasons put forward.
→ Section 88 provides that: The termination of a permanent employment contract is subject to a notice period given by the party that initiates the termination.
▷ 1972 Inter-occupational Collective Agreement
→ Section 28 of the 1972 Inter-occupational Collective Agreement indicates that: The party that takes the initiative to terminate the contract must notify the other party of its decision in writing. This notification must be made either by sending a registered letter or by direct delivery of the letter to the recipient, against a receipt or in the presence of witnesses. The notice period begins to run from the date of the notification as specified above. (...).

▻ No specified duration in the LC (see Section 88 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.

→ Section 80 LC: The entrepreneur who plans to dismiss one or more employees for reasons of economic, technological or organizational nature must, prior to the implementation of the decision, convene and consult staff representatives within the meaning of Section 211. He shall inform the labour inspector, who participates in the meeting.

Under Sections 80 to 83 of the LC, the company head who plans to carry out dismissals for economic, technological, or organizational reasons must first convene and consult with personnel representatives and inform the labour inspector, who also participates in the meeting (§ 80 LC). The employer must provide these parties with a file containing the reasons for the dismissals, the number and categories of affected workers, the criteria for selection, and a provisional list of employees to be dismissed, all of which must be provided at least fifteen days before the meeting (§ 81 LC). During the meeting, all participants examine and discuss the proposed dismissals and can make proposals to prevent or mitigate them. The labour inspector ensures that the procedure and criteria are respected before the dismissals are implemented (§ 82 LC).

Under Sections 80-82 et 83-84 of the LC, the head of a company must inform the labour inspector about planned dismissals for economic, technological, or organizational reasons (§ 80 LC) and provide a detailed file to the inspector at least fifteen days before a consultation meeting with personnel representatives (§ 81 LC). The inspector's role is to ensure the correct procedure and criteria are followed before the dismissals are implemented (§ 83 LC). After the dismissals are carried out, the employer must inform the inspector without delay through a written, reasoned notification (§ 84 LC).

Section 80 LC states that : The head of the company who plans to lay off one or more employees for reasons that are economic, technological, or related to the organization of the company, must, before implementing the decision, convene and consult with the personnel representatives as defined in Section 211. He/she must inform the labour inspector, who participates in the meeting. (...).

No. The approval of the public administration is only required in cases of dismissal of a workers' representative (Sections 227 and 228 LC).
▻ See also: Sections 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

No. However, employers must consult with employee representatives in cases of economic dismissals (§ 80 LC).

Consideration is given to professional skills, length of service and family responsibilities.
→ Section 81 LC requires that the employer establish the order of layoffs by taking into account professional qualifications and aptitude, as well as seniority in the company. In addition, seniority in the company is increased by one year for the married worker and by one year for each dependent child as defined by family benefits legislation.

The Labour Code provides for a priority right to re-employment for a period of 2 years.
→ Section 87 LC states that: A worker dismissed for economic reasons is entitled to a priority for rehiring in the same job category for a period of two (2) years.
A worker who benefits from a priority for rehiring is required to inform their employer of any change in their address that occurs after they have left the establishment.
In the event of an open-ended or fixed-term job vacancy of at least six (6) months, the employer must notify the person concerned by registered letter with acknowledgement of receipt, sent to the worker's last known address. The worker must report to the establishment within a maximum period of eight (8) days following the date of receipt of the letter.

Consideration of alternatives to dismissal is not explicitly provided for in the Labour Code or the Interprofessional Collective Agreement of 1972. However, Section 82 LC gives the possibility to each participant in the consultation meeting to formulate proposals aiming at avoiding dismissals or mitigating their adverse effects.

These procedural requirements apply to any dismissal (individual or collective) based on economic grounds.

No provision in the LC. However, severance pay is governed by Section 34 of the 1972 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.

▷ 1972 Inter-occupational Collective Agreement (ICA 1972)
→ Section 34 of the ICA 1972 provides that: In the case of dismissal by the employer, a worker who has completed a continuous service period in the company at least equal to the reference period for paid leave, as defined by the regulations in force, is entitled to a severance pay distinct from the notice period.
Workers are eligible for severance pay when they reach the required length of service as a result of multiple hires within the same company, provided their previous departures were caused by workforce reduction or job elimination. In such cases, the amount of the severance pay is determined by deducting any sums that may have been paid for this reason during previous dismissals.
▻ This indemnity is calculated, for each year of service completed in the company, by a determined percentage of the average total monthly wage of the twelve months of activity that preceded the date of dismissal. The term "total wage" refers to all benefits that are compensation for work, with the exception of those that are reimbursements of expenses.
The percentage is set at:
20% for the first 5 years;
30% for the period from the sixth to the tenth year inclusive;
35% for the period extending beyond the tenth year.
In the calculation made on the bases indicated above, fractions of a year must be taken into account.
Severance pay is not due:
▻ in the case of termination of the employment contract resulting from gross misconduct by the worker;
▻ when the worker definitively leaves service to begin receiving a statutory retirement allowance.
However, in the latter case, a special allowance, known as a "retirement departure indemnity," will be paid to the worker. This indemnity is calculated on the same bases and according to the same rules as severance pay.

Severance pay + specific additional payment of 1 month's gross wages for individual and collective dismissals on economic grounds (Section 86 LC).
▷ Labour Code (LC):
→ Section 86 indicates that: A worker dismissed for economic reasons is entitled, in addition to the notice period and any potential severance pay, to a special non-taxable indemnity (redundancy), paid by the employer and equal to one (1) month of gross salary. (...).