CDD regulados: Si

Remarks

Under the Labour Code, fixed-term contracts (FTC) refer to any contract that ends upon the arrival of the term fixed by the parties, in writing, at the time of its conclusion (§ 3 LC)
→ Section 102 LC indicates that: The employment contract may be concluded for:
- a fixed term;
- an indefinite term

Razones de utilización legítima de CDD: sin restricción

Remarks

▷ No valid reasons are listed in the LC for the conclusion of fixed term contracts with a specified term.
▷ However, Section 108 LC provides that FTC with an unspecified term can be concluded:
- to temporarily replace a worker;
- to carry out seasonal work;
- in the event of unusual activity of the enterprise.
→ Section 108 LC (last para.) adds that in order to avoid any ambiguity, the employer must at the time of hiring, communicate all elements likely to enlighten the worker on the approximate duration of the contract.

Número máximo de CDD consecutivos: sin restricción

Remarks

▷ Under the Labour Code, FTCs with a specified term ("contrats de travail à terme précis") can be renewed without any limitation provided that the total cumulative duration does not exceed 2 years. Also, FTCs with an unspecified term (in the event of seasonal work, temporary replacement of a worker, temporary increase in volume of work) can be renewed without any limitation (§§ 103, 107 and 109 LC).
→ Section 103 LC indicates that: Any fixed-term employment contract in writing, not containing a specific end date, fixed at its conclusion, or concluded for a period exceeding two (02) years, is deemed to be of indefinite duration.
→ Section 107 LC states that: Fixed-term employment contracts are renewable without limitation, provided that the maximum duration does not exceed two (2) years. Beyond this period, the fixed-term employment contract becomes an indefinite-term contract. The renewal must be recorded in writing, or it is void.
→ Section 109 LC stipulate that: Fixed-term contracts with unspecified term (à terme imprécis) date may be renewed without limitation in number and without change in their nature.

Duración máxima acumulativa de CDD consecutivos: 2año(s)

Remarks

→ Section 103 (paragraph 3) LC provides that: Any fixed-term employment contract in writing, not containing a specific end date, fixed at its conclusion, or concluded for a period exceeding two (02) years, is deemed to be of indefinite duration.
→ Section 105 (paragraph 2) LC indicates that: (...), short-term employment contracts may be concluded and renewed several times, provided that their duration does not exceed two (2) years.
→ Section 107 LC states that: Fixed-term employment contracts are renewable without limitation, provided that the maximum duration does not exceed two (2) years. Beyond this period, the fixed-term employment contract becomes an indefinite-term contract. The renewal must be recorded in writing or it is void.
▷ Note: However, the 2-year limitation does not apply to contracts with an unspecified term (in the event of seasonal work, temporary replacement of a worker, temporary increase volume of work).
→ Section 108 LC stipulates that: Fixed-term employment contracts with an indefinite end date are concluded for:
- the replacement of a worker who is temporarily absent;
- the duration of a season;
- unusual business activity.
The end of these contracts is determined by the return of the replaced employee or the termination of their employment contract, the end of the season, or the end of the occasional increase in workload or unusual business activity.
To avoid any ambiguity, the employer must, at the time of hiring, provide the worker with all the information necessary to understand the approximate duration of the contract.
→ Section 110 LC stipulates that: The restriction on renewals without limitation within the framework of two (02) years does not apply to renewals of fixed-term employment contracts with an indefinite end date.

Duración maxima del periodo de prueba (en meses): 6 mes(es)

Remarks

→ Section 97 LC states that: The employment contract must include (...) mandatory clauses, including with respect to: the conditions and duration of a trial period and any specific clauses agreed upon between the parties or any equivalent document.
→ Section 118 LC indicates that: If the worker is retained in service upon expiry of the probationary period or its renewal, or if the probationary period has not been formally stipulated, the parties are definitively bound by a contract of indefinite term. (...).
→ Section 121 LC stipulates that: The execution of an indefinite term employment contract must begin with a probationary period, which must be stipulated in writing, countersigned by both parties upon hiring, and whose maximum duration varies according to the employee's professional category. Any probationary period stipulated after the employment contract has commenced is null and void. (...).
→ Section 122 LC provides that: In the absence of a written contract and for locally recruited staff, the probationary period is set at:
- eight (8) days for workers paid by the hour, day, week, or fortnight;
- one (1) month for workers paid monthly;
- two (2) months for supervisors and equivalent staff;
- three (3) months for managers.
These are maximum durations, and the probationary clause may stipulate shorter periods.
In the case of a written contract, the probationary period must be expressly stated. It cannot be concluded for a period exceeding the time necessary to test the hired staff, taking into account the techniques and practices of the profession. The probationary period may only be renewed once for the same duration. However, for workers recruited outside the Central African territory or outside their usual residence, recruitment and travel time is not included in the maximum duration of the trial period.

Excluded from protection against dismissal: Si

Remarks

▷ Probationary (trial period) workers (§§139 and 169 LC)
During the trial period (max. 3 months, or 6 months for executives), either party may terminate the contract without notice or justification (no protection against dismissal applies).
▷ Fixed-term contract (FTC) workers (§103 LC)
Upon normal expiry of the fixed-term contract, the employment relationship ends without notice or justification being required (no dismissal protection for non-renewal at term).

Obligación de motivar el despido: No

Remarks

No statutory provisions were found in the examined legislation in this respect.

Motivos autorizados (despido justificado):

Remarks

Motivos prohibidos: licencia de maternidad, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, religión, opinion política, afiliación sindical y actividades sindicales, discapacidad, cumplimiento del servicio militar o civil, participación en una huelga legal, estatus VIH

Remarks

→ Section 9 (paragraph 1) LC indicates that: No worker may be harassed, sanctioned, or suffer harm in their career because of their political, trade union, or religious opinions.
→ Under Section 152 of the LC, dismissals carried out without legitimate cause, as well as dismissals motivated by the opinions of the worker, their union activity, their membership or non-membership in a particular union, are abusive.
→ Sections 252 and 253 of the LC provide protection to women against dismissal during pregnancy and maternity leave.
→ Section 266 indicates that: Discrimination against job applicants or employees based on their physical or mental disability is strictly prohibited.
→ Section 315 LC provides that: Dismissal of a worker based on actual or perceived HIV/AIDS status is null and void and entitles the employee to compensation.
→ Section 378 states that: A strike does not terminate the employment contract except in cases of serious misconduct attributable to the employee. Its exercise cannot give rise to discriminatory measures by the employer regarding remuneration and social benefits.
Any dismissal pronounced in violation of this Section is null and void.
→ Section 152 LC provides that: Any wrongful termination of the contract may give rise to damages. The competent court determines whether the termination was wrongful by conducting an investigation into the causes and circumstances of the termination.
Dismissals carried out without legitimate grounds, as well as dismissals based on the employee's opinions, union activity, or membership or non-membership in a specific union, are considered wrongful.
The following are also considered abusive:
- individual or collective dismissals decided in violation of the procedures provided for in the provisions of this law;
- refusal to reinstate the worker upon the expiration of the suspension period;
- the fact that the worker has filed a complaint or participated in proceedings initiated against an employer due to alleged violations of the legislation, or has filed an appeal with the competent administrative authorities.
▷ Note: In addition, according to Section 10 of the LC, "the law ensures equal opportunities for everyone in employment without discrimination of any kind".
▷ The LC also provides that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury or disease;
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.;
- absence during maternity leave;
- absence due to police custody or pre-trial detention;
- the worker is absent because they are exercising a political mandate (§ 133 LC).

Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores que desempeñan servicio militar/servicio alternativo, trabajadores con licencia temporal por enfermedad, trabajadores que ejercen cargo de elección o una función política

Remarks

→ Section 89 LC indicates that: Dismissal of a staff representative contemplated by the employer or their representative must be subject to the prior authorization of the Labour and Social Laws Inspector of the relevant jurisdiction.
→ Sections 252 and 253 LC provide for the protection against dismissal for workers during pregnancy or maternity leave .
→ Sections 133 LC states that the employment contract is suspended in certain circumstances, such as:
- the enterprise is temporarily closed down because the employer is performing compulsory military duties;
- the worker is performing compulsory military duties;
- absence of the employee as a consequence of a professional injury of disease.
- absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
- absence during maternity leave
- absence due to police custody or pre-trial detention
- the worker is absent because he or she is holding an elected position or discharging a public function.

Forma de la notificación del despido al trabajador: escrita

Remarks

→ Section 138 LC indicates that: Termination is the act by which one party exercises its right to end the employment contract in the cases provided for in this Code.
The termination of an employment contract, except in cases of automatic dissolution, must be notified in writing by the party initiating it.

Plazo de preaviso:

Remarks

Section 148 LC indicates that: Any termination of an indefinite-term employment contract is subject to a notice period given by the party initiating the termination.
In the absence of a collective agreement, or if the issue of notice is not addressed in the agreement, the notice period is as follows:
- eight (8) days for workers paid by the hour, by the task, by the day, by the week, or by the fortnight;
- one (1) month for workers paid monthly;
- two (2) months for supervisors and equivalent staff;
- three (3) months for managers.

Indemnización sustitutiva de preaviso: Si

Remarks

→ Section 151 LC indicates that: Any termination of an indefinite-term contract without the notice period having been fully observed entails an obligation for the responsible party to pay the other party compensation equal to the remuneration and benefits of any kind that the worker would have received during the notice period that was not actually respected. (...).

Notificación a la administración: Si

Remarks

→ Section 80 LC indicates that: Any dismissal of a staff representative contemplated by the employer or their representative must be subject to the prior authorization of the Labour and Social Laws Inspector for the relevant jurisdiction.
However, in the event of proven serious misconduct, the employer may immediately impose a provisional suspension on the employee pending the final decision of the Labour and Social Laws Inspector. If the dismissal is refused by the Inspector, the suspension is automatically cancelled and its effects terminated.

Notificación a los representantes de los trabajadores: No

Remarks

Only required in cases of collective dismissal for economic reasons (§ 143 LC).

Aprobación de la administración publica o de organismos judiciales: Si

→ Section 80 LC indicates that: Any dismissal of a staff representative contemplated by the employer or their representative must be subject to the prior authorization of the Labour and Social Laws Inspector for the relevant jurisdiction.
However, in the event of proven serious misconduct, the employer may immediately impose a provisional suspension on the employee pending the final decision of the Labour and Social Laws Inspector. If the dismissal is refused by the Inspector, the suspension is automatically cancelled and its effects terminated.

Acuerdo de los representantes de los trabajadores: No

No statutory provisions were found in the examined legislation in this respect.

Definición de despido colectivo (número de empleados afectados) Collective dismissal means termination of the employment contracts of all or part of the staff on economic grounds.
Economic grounds relate to reorganization, reduction of termination of the business activity.

Remarks

→ Section 142 LC indicates that: Dismissal is the termination of the contract initiated by the employer. Dismissal may be based on either economic grounds or personal grounds.
Economic grounds may relate to the reorganization, reduction, or elimination of the company's activities.
Personal grounds may relate to the employee's physical or professional incapacity or misconduct.
Collective dismissal is the termination of the employment contracts of all or part of the staff for economic reasons as defined in this Code.

Notificación a la administración Yes

Remarks

→ Section 143 LC indicates that: Any employer considering a dismissal for economic reasons must convene the staff representatives, the works council members, and the union representatives and, in the presence of the relevant Labour and Social Laws Inspector, explore all other options, such as: shift work, part-time work, temporary layoffs, and adjustments to bonuses, allowances, and other benefits of any kind.
Following negotiations, which must not exceed thirty (30) clear days, and if an agreement is reached, a report signed by the parties and the relevant Labour and Social Laws Inspector specifies the measures adopted and their period of validity. In the event that one or more workers refuse in writing to accept the measures referred to in the preceding paragraph, they shall be dismissed with payment of the notice period and severance pay, if they meet the conditions for entitlement.
When the negotiations described above have not resulted in an agreement, or if, despite the measures considered, certain dismissals prove necessary, the employer must establish the order of dismissals, taking into account the employees' professional skills, seniority within the company, and family responsibilities. In all cases, the order of dismissals must prioritize professional skills. However, in cases of force majeure, the parties are required to comply with the rules set forth in the provisions of this Code.

Notificación a los sindicatos (representantes de los trabajadores) Yes

Remarks

→ Section 143 LC indicates that: Any employer considering a dismissal for economic reasons must convene the staff representatives, the works council members, and the union representatives and, in the presence of the relevant Labour and Social Laws Inspector, explore all other options, such as: shift work, part-time work, temporary layoffs, and adjustments to bonuses, allowances, and other benefits of any kind.
Following negotiations, which must not exceed thirty (30) clear days, and if an agreement is reached, a report signed by the parties and the relevant Labour and Social Laws Inspector specifies the measures adopted and their period of validity. In the event that one or more workers refuse in writing to accept the measures referred to in the preceding paragraph, they shall be dismissed with payment of the notice period and severance pay, if they meet the conditions for entitlement.
When the negotiations described above have not resulted in an agreement, or if, despite the measures considered, certain dismissals prove necessary, the employer must establish the order of dismissals, taking into account the employees' professional skills, seniority within the company, and family responsibilities. In all cases, the order of dismissals must prioritize professional skills. However, in cases of force majeure, the parties are required to comply with the rules set forth in the provisions of this Code.

Notificación a los representantes de los trabajadores: Yes

Remarks

→ Section 143 LC indicates that: Any employer considering a dismissal for economic reasons must convene the staff representatives, the works council members, and the union representatives and, in the presence of the relevant Labour and Social Laws Inspector, explore all other options, such as: shift work, part-time work, temporary layoffs, and adjustments to bonuses, allowances, and other benefits of any kind.
Following negotiations, which must not exceed thirty (30) clear days, and if an agreement is reached, a report signed by the parties and the relevant Labour and Social Laws Inspector specifies the measures adopted and their period of validity. In the event that one or more workers refuse in writing to accept the measures referred to in the preceding paragraph, they shall be dismissed with payment of the notice period and severance pay, if they meet the conditions for entitlement.
When the negotiations described above have not resulted in an agreement, or if, despite the measures considered, certain dismissals prove necessary, the employer must establish the order of dismissals, taking into account the employees' professional skills, seniority within the company, and family responsibilities. In all cases, the order of dismissals must prioritize professional skills. However, in cases of force majeure, the parties are required to comply with the rules set forth in the provisions of this Code.

Acuerdo de los sindicatos (representantes de los trabajadores) No

Remarks

No statutory provisions were found in the examined legislation in this respect.
→ Section 143 LC only provides for consultation/notification indication that: Any employer considering a dismissal for economic reasons must convene the staff representatives, the works council members, and the union representatives and, in the presence of the relevant Labour and Social Laws Inspector, explore all other options, such as: shift work, part-time work, temporary layoffs, and adjustments to bonuses, allowances, and other benefits of any kind. (...).

Acuerdo de los representantes de los trabajadores No

Remarks

No statutory provisions were found in the examined legislation in this respect.

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) Yes

Remarks

→ Under Section 143 LC, the selection criteria include professional skills, seniority, family responsibilities. In any cases, priority should be given to professional skills.
▷ Note: Under Section 271 LC, in the event of collective dismissal for economic reasons or any other reason, the employer must make every effort to preserve the employment of disabled workers.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) No

Remarks

No statutory provisions were found in the examined legislation in this respect.

Reglas de prioridad para la re-contratación Yes

Remarks

→ Under Section 143 LC, during the consultation process, the parties, in the presence of the Labour Inspector shall look for all alternative measures.

Severance pay:

Remarks

▷ Overall, there is no universal statutory severance pay for any terminations under the current 2009 Labour Code.
▷ The Labour Code refers to both damages (dommages-intérêts) for unfair dismissal and severance pay (indemnité de licenciement).
→ Section 156 LC clearly states that: "These damages (dommages-intérêts) are not to be confused with either compensation for failure to observe the notice period or severance pay."
▷ However, no clear statutory definition, conditions, or amounts for severance pay are provided in the Labour Code. Severance pay (and any redundancy pay) is not mandatory and is typically regulated by collective agreements, individual contracts, or sectoral regulations.
▷ The following Sections of LC contains references related to compensation, service allowance, damages (dommages- intérêts) and severance pay:
→ Section 142 (3) LC refers to severance pay, providing that: In the event that one or more workers refuse in writing to accept the measures referred to in the preceding paragraph, they shall be dismissed with payment of notice and severance pay, if they meet the conditions for entitlement.
→ Section 153 (paragraph 1) LC indicates that: Any termination of the employment contract entitles the employee to the settlement of their legal rights. Wages and compensation must be paid upon cessation of service or within a maximum period of five (5) days. (...).
→ Section 154 LC states that: A service allowance is paid to any employee eligible to claim their retirement rights and/or to the beneficiaries of a deceased employee.
The method of calculating this allowance is identical to that of severance pay provided for by the regulations in force.
→ Section 155 stipulates that: Unjustified termination of the employment contract by one of the parties entitles the other party to damages (dommages- intérêts).
→ Section 156 indicates that: The amount of damages (dommages- intérêts) is determined taking into account all factors that may justify the existence and determine the extent of the harm caused, including:
- when the responsibility lies with the employee, the harm suffered by the employer due to the non-performance of the employment contract;
- when the responsibility lies with the employer, customary practices, the nature of the services performed, the employee's seniority, services, age, and any acquired rights related to the employee's family situation.
These damages are not to be confused with either compensation for failure to observe the notice period or severance pay.

tenure ≥ 6 meses: 0 mes(es).

tenure ≥ 9 meses: 0 mes(es).

tenure ≥ 1 año: 0 mes(es).

tenure ≥ 2 años: 0 mes(es).

tenure ≥ 4 años: 0 mes(es).

tenure ≥ 5 años: 0 mes(es).

tenure ≥ 10 años: 0 mes(es).

tenure ≥ 20 años: 0 mes(es).

tenure ≥ 6 meses: 0 mes(es).

tenure ≥ 9 meses: 0 mes(es).

tenure ≥ 1 año: 0 mes(es).

tenure ≥ 2 años: 0 mes(es).

tenure ≥ 4 años: 0 mes(es).

tenure ≥ 5 años: 0 mes(es).

tenure ≥ 10 años: 0 mes(es).

tenure ≥ 20 años: 0 mes(es).

Notes

▷There is no statutory severance pay (indemnité de licenciement) fixed by the Labour Code itself for redundancy or any other dismissals.
▷Entitlements (if any) depend on collective agreements or specific sectoral regulations.
▷ Section 156 LC explicitly states that damages (dommages-intérêts) for unfair dismissal are separate from notice pay and any severance pay.
No mandatory redundancy pay in the Code; only conditional references.

mineros: Si

▷ Note: 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 rights.
→ Section 156 LC indicates that: The amount of damages is determined taking into account all factors that may justify the existence and extent of the harm caused, including:
- when the responsibility lies with the worker, the harm suffered by the employer due to the non-performance of the employment contract;
- when the responsibility lies with the employer, customary practices, the nature of the services performed, the worker's seniority, services, age, and any acquired rights related to the worker's family situation.

No statutory provisions were found in the examined legislation in this respect.

Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo):

No statutory provisions were found in the examined legislation in this respect.

directores/ gerentes: Si

→ Section 144 (2) LC indicates that: (...). In the event of unjustified dismissal, if its annulment and/or the reinstatement of the worker are not possible, the employer is required to pay the worker, in addition to legal rights, damages.

policía: Si

→ Section 346 LC stipulates that: Conciliation is mandatory before the Labour and Social Laws Inspector of the relevant jurisdiction.
→ Section 347 states that: Requests for the amicable settlement of individual labour disputes must be submitted in writing to the relevant Labour Inspectorate.

→ Section 354 LC indicates that: The Labour Courts have jurisdiction over individual disputes that may arise between workers and employers concerning the employment contract, working conditions, health and safety, workplace accidents and occupational diseases, and the social security system.
They are competent to rule on all individual disputes relating to apprenticeship contracts, collective bargaining agreements, company-level collective agreements, or equivalent decrees. Their jurisdiction extends to disputes arising between workers in the course of their work.
Their jurisdiction also extends to recourse actions by contractors against subcontractors in the cases provided for in Section 177 of this Code.
→ Section 355 LC provides that: The competent court is that of the place of work. However, the worker may also, in the event of termination of the employment contract, bring the matter before the Court of the place of recruitment or that of the employer's domicile, provided that these are located in Central African territory.
→ Section 356 LC stipulates that: Labour Courts are the courts of general jurisdiction in matters of social law. They are presided over by judges of the judicial order and are under the supervision of the Minister of Justice.

Arbitraje: Si

▷ For Collective labour disputes only
→ Section 204 LC provides that: Collective agreements may (...) contain: the contractual arbitration procedures according to which collective labour disputes that may arise between workers and employers bound by the agreement are or may be settled.
→ Section 369 LC indicates that: In the event of a failure of conciliation, the Labour and Social Laws Inspector or the Director of Labour shall immediately submit a report on the state of the dispute, accompanied by documents and information gathered by him/her, to the President of the Labour Court for the purpose of referring the matter to the Arbitration Commission.
→ Section 370 LC stipulates that: Arbitration of collective disputes not resolved through conciliation is ensured by an arbitration board composed as follows:
- President: a judge of the Court of Appeal appointed by the President of the Court of Appeal of the relevant jurisdiction.
- Members: two employer assessors and two employee assessors with no interest in the dispute, appointed from among the assessors of the labour courts by decision of the President of the Court of Appeal of the relevant jurisdiction.
→ Section 375 provides that: The conciliation and arbitration procedures are free of charge.

Duración del procedimiento:

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.