There is no size limitation for enterprises explicitly mentioned in the research materials.

The Labour Code applies to all employment relationships in Côte d'Ivoire.
▷ Scope
→ Under Section 2 LC, any natural person engaged in employment is considered a worker or employee, regardless of their sex, race, or nationality. Are considered workers those who place their professional activities, for remuneration, under the direction and authority of another natural or legal person, public or private, who is called the employer.
In determining a person's status as a worker, the legal status of either the employer or the employee is not taken into account.
▷ Exclusions
→ Section 2 LC, however, indicates that this Code does not apply to individuals appointed to a permanent position in a public administration. Similarly, workers employed by the State or by legal persons governed by public law who are subject to a specific status are exempt from this Code, within the limits of that status and the general principles of administrative law.

Fixed-term contracts are regulated under Chapter 5 of the Labour Code (§§ 15.1 to 15.10). Under the Labour Code (LC), a fixed-term contract is a contract that ends on a specific date or upon completion of a mutually agreed-upon task, as specified in the agreement when it is signed.
→ Section 15.1 indicates that: A fixed-term employment contract ends on a date or at a specific time set by both parties. The number of employees on fixed-term contracts in a permanent position should not exceed one-third of the total workforce.
→ Section 15.2 provides that: Fixed-term contracts, with the exception of those mentioned in Section 15.7, must be in writing or confirmed by a hiring letter.
→ Section 15.3 states that: A fixed-term contract must have a precise end date or duration specified at the time of its conclusion.

The use of a fixed-term contract is permitted for seasonal employment or jobs for which it is customary not to use an indefinite contract. In the case of an economic dismissal, an employer may use fixed-term contracts for the positions that were eliminated, but the duration of these contracts cannot exceed three months, and they are not renewable.
→ Section 15.5 LC provides that: In a company that has recently undergone economic layoffs, an employer cannot fill the affected positions with fixed-term contracts unless the contract duration is no more than three months and is not renewable.
→ Section 15.6 LC indicates that: A fixed-term contract with an indefinite end date cannot be used to permanently fill a position related to the normal and ongoing activities of the company. It can only be used for specific, temporary tasks in the following cases:
▻ Replacing an absent employee, a suspended employee, or an employee waiting to start a permanent contract.
▻ Occasional or unusual spikes in workload.
▻ Seasonal work.
▻ Jobs in certain sectors, defined by decree or collective agreement, where it is customary not to use permanent contracts.
▻ The duration of a specific worksite or project.
The contract ends when the replaced employee returns, the season ends, the worksite or project is completed, or the temporary work increase ends. The employer must inform the employee of the approximate contract duration at the time of hiring.
→ Section 15.7 LC stipulates that: Contracts for day labourers hired by the hour or day for short-term work, paid at the end of the day, week, or fortnight, are considered fixed-term contracts with an indefinite end date.

→ Section 15.4 LC indicates that: Contracts with a precise term cannot exceed two years. They can be renewed without limitation, but the total duration, including renewals, must not exceed two years.

→ Section 15.4 LC indicates that: Contracts with a precise term cannot exceed two years. They can be renewed without limitation, but the total duration, including renewals, must not exceed two years.
▻ However, this limitation does not apply to "fixed-term contracts with an indefinite end date" which can only be concluded for the performance of a specific and temporary task in certain specific cases (§§ 15.6 and 15.7 LC).

→ Section 15.6 LC indicates that: A fixed-term contract with an indefinite end date cannot be used to permanently fill a position related to the normal and ongoing activities of the company. It can only be used for specific, temporary tasks in the following cases:
▻ Replacing an absent employee, a suspended employee, or an employee waiting to start a permanent contract.
▻ Occasional or unusual spikes in workload.
▻ Seasonal work.
▻ Jobs in certain sectors, defined by decree or collective agreement, where it is customary not to use permanent contracts.
▻ The duration of a specific worksite or project.
The contract ends when the replaced employee returns, the season ends, the worksite or project is completed, or the temporary work increase ends. The employer must inform the employee of the approximate contract duration at the time of hiring.
→ Section 15.7 LC stipulates that: Contracts for day labourers hired by the hour or day for short-term work, paid at the end of the day, week, or fortnight, are considered fixed-term contracts with an indefinite end date.

▷ Labour Code
→ Section 14.5 LC: "An employment contract, whether for a fixed term or an indefinite period, may include a trial period, the maximum total duration of which is fixed by decree."

▷ Decree No. 96-195 on probationary employment and the length of the probationary period
→ Section 2 of the Decree N° 96-195 indicates that: The probationary period varies according to the category of workers as follows:
▻ 1 month for monthly paid workers;
▻ 2 months for supervisors, technicians, and similar workers;
▻ 3 months for engineers, managers, high-level technicians and similar workers;
▻ 8 days for workers paid on an hourly or daily basis.
It can be renewed once.

→ Under Section 15.9 of the LC, during the trial period, either party may terminate the employment contract at any time without notice or indemnity.
→ However, under section 23.3 LC, the employer is prohibited from terminating the employment contract during a trial period for the cause of pregnancy.

Under the Labour Code, dismissal is prohibited for reasons related to union activities, race, sex, religion, political opinion, national origin, age, disability, or HIV status. Any dismissal for a worker's legal action to enforce their fundamental rights is null and void.
→ Section 4 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 relating to the status of foreigners, no employer may take into consideration a worker's sex, age, national ancestry, race, religion, political and religious opinion, social origin, union membership or non-membership and union activity, confirmed or presumed HIV or AIDS status, or disability 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.

▷ Maternity protection
→ Under Section 23.4 LC, No employer may terminate the employment contract of a female employee who is in a medically certified state of pregnancy, nor during the entire period of suspension of the employment contract to which she is entitled, whether or not she uses this right.
However, the employers may terminate the contract if they can prove gross misconduct on the part of the employee, or if they are unable to maintain the contract for a reason unrelated to the pregnancy, childbirth, or the adoption of a child under 15 years of age.

Pregnant women cannot be dismissed during their maternity leave, except in cases of serious misconduct or a reason unrelated to their condition that makes the contract's continuation impossible. The dismissal of a staff representative (délégué du personnel) is subject to the prior

▷ Maternity
→ Section 23.4 LC provides that: No employer may terminate the employment contract of a female employee who is in a medically certified state of pregnancy, nor during the entire period of suspension of the employment contract to which she is entitled, whether or not she uses this right.
However, the employer may terminate the contract if he can prove gross misconduct on the part of the employee, or if he is unable to maintain the said contract for a reason unrelated to the pregnancy, childbirth, or the adoption of a child under 15 years of age.

▷ Trade union and workers' representatives
→ Section 61.8 LC provides that: Any dismissal of a personnel delegate considered by the employer or their representative, regardless of the cause, must be submitted for prior authorization from the labour and social laws inspector.
The request for dismissal authorization is addressed to the competent labour and social laws inspector with a copy provided to the worker.
In the case of gross misconduct, the employer may immediately order the provisional suspension of the person concerned while awaiting the decision of the labour and social laws inspector. (...).
→ Under Section 51.8 LC, the general secretary and the first five assistant general secretaries of company union organizations and union sections cannot be transferred against their will during their term of office without the prior authorization of the competent labour inspector. Similarly, they cannot be dismissed without the latter's authorization.

▷ Disciplinary sanction: Dismissal for personal reasons
→ Under Section 17.5 LC, before any disciplinary action is taken, including dismissal, the employee must be given the opportunity to explain themselves. They have 72 hours from receiving the request to respond, either in writing or verbally, with an explanation. If they choose to respond verbally, they can be assisted by one to three staff representatives. The employer must then transcribe the verbal explanation in the presence of the staff representatives who attended the hearing.
The transcribed explanation is read, signed by the employee, and countersigned by the employer and the people who assisted the parties.

▷ Decree No. 96-200 of March 7 1996, on duration notice of termination of employment contract
→ Section 1 of the Decree No. 96-200 provides for notice Periods by Employee Category:
▻ Workers paid hourly, daily, weekly, or fortnightly (in the first five categories) have notice periods that increase with seniority:
• 8 days for up to 6 months of service.
• 15 days for 6 months to 1 year of service.
• 1 month for 1 to 6 years of service.
• 2 months for 6 to 11 years of service.
• 3 months for 11 to 16 years of service.
• 4 months for over 16 years of service.
▻ Workers paid monthly (in the first five categories) also have a sliding scale for their notice period:
• 1 month for up to 6 years of service.
• 2 months for 6 to 11 years of service.
• 3 months for 11 to 16 years of service.
• 4 months for over 16 years of service.
▻ Workers in the sixth category and above have longer notice periods:
• 3 months for up to 16 years of service.
• 4 months for over 16 years of service.
▻ Special Provisions for Workers with Disabilities
Workers with a permanent partial disability of more than 40% have their notice period calculated differently:
• The standard notice period applies for up to 6 months of service.
• The notice period is doubled after 6 months of service.

The Labour Code defines an economic dismissal as affecting "more than one employee".
→ Section 18.10 LC indicates that before the employer carries out dismissals for economic reasons involving more than one employee, he/she must hold an information and explanation meeting. (...).

▷ Dismissal for economic reasons
→ Section 18.10 LC mandates that before carrying out a dismissal for economic reasons, the company head must hold an information and explanation meeting. This meeting is with the employee representatives, who can be accompanied by their union representatives. It is chaired by the labour inspector at the local labour inspection office.
→ Section 18.11 specifies that at least 15 working days before this meeting, the company head must submit a file to the National Council of Social Dialogue, the employee representatives, and the local labour inspector. This file must contain details about the proposed layoffs, including:
▻ The reasons for the layoffs.
▻ The criteria used to select employees.
▻ A list of the affected employees.
▻ The planned date of the layoffs.
▻ Any other relevant documents.

▷ Labour Code: Dismissal for economic reasons
→ Section 18.11 LC specifies that at least 15 working days before this meeting, the company head must submit a file to the National Council of Social Dialogue, the employee representatives, and the local labour inspector. This file must contain details about the proposed layoffs, including:
▻ The reasons for the layoffs.
▻ The criteria used to select employees.
▻ A list of the affected employees.
▻ The planned date of the layoffs.
▻ Any other relevant documents.
→ Section 18.14 LC stipulates that when more than one employee is laid off for economic reasons, the employer must submit three copies of the complete file of the decision to the labour inspector. The employer must also provide a list of the laid-off workers to the authorities responsible for promoting re-employment and professional retraining.
▷ Interprofessional Collective Agreement of 19 July 1977 (ICA): Collective Dismissal for economic reasons
Section 16.1 ICA provides that when a dismissal for economic reasons involves more than one employee, the employer must submit three copies of the complete file of the decision to the Labour and Social Laws Inspector.

▷ Dismissal for economic reasons
→ Section 18.10 LC mandates that before carrying out a dismissal for economic reasons, the company head must hold an information and explanation meeting. This meeting is with the employee representatives, who can be accompanied by their union representatives. It is chaired by the labour inspector at the local labour inspection office.
→ Section 18.11 specifies that at least 15 working days before this meeting, the company head must submit a file to the National Council of Social Dialogue, the employee representatives, and the local labour inspector. This file must contain details about the proposed layoffs, including:
▻ The reasons for the layoffs.
▻ The criteria used to select employees.
▻ A list of the affected employees.
▻ The planned date of the layoffs.
▻ Any other relevant documents.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Section 38 ICA provides for collective dismissal indicating that: If a company needs to carry out collective redundancies due to a decrease in activity or internal reorganization, the employer must determine the order of dismissals and carry out the required process, among others:
a) Seek authorization for the planned layoffs from the local Labour and Social Laws Inspector. The inspector must provide a decision within 15 days of receiving the request.
b) Consult with staff representatives for their opinion at least 8 days before issuing the layoff notice.
c) Provide a list of the laid-off workers to the Ivory Coast Manpower Office.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Section 38 ICA provides for collective dismissal, indicating that: If a company needs to carry out collective redundancies due to a decrease in activity or internal reorganization, the employer must, among others:
a) Seek authorization for the planned layoffs from the local Labour and Social Laws Inspector. The inspector must provide a decision within 15 days of receiving the request.
b) Consult with staff representatives for their opinion at least 8 days before issuing the layoff notice.
c) Provide a list of the laid-off workers to the Ivory Coast Manpower Office.
▻ Failure to follow this procedure renders the collective redundancy decision void. Laid-off workers must then be reinstated and receive back pay for the period of contract suspension.
▻ If the collective redundancy is carried out according to the proper procedures outlined in this agreement, the laid-off workers will be given priority for re-employment as specified in the agreement.

No statutory requirements were identified.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Section 38 ICA provides for collective dismissal indicating that: If a company needs to carry out collective redundancies due to a decrease in activity or internal reorganization, the employer must determine the order of layoffs based on the following criteria:
• Professional skills
• Seniority within the company
• Family responsibilities
▻ Employees with the least professional aptitude for the jobs that are being maintained will be laid off first. If professional aptitude is equal, the least senior employees will be let go. Seniority is increased by one year for married employees and by one year for each dependent child, as defined by family allowance regulations.

▻To carry out this process, the employer must:
a) Seek authorization for the planned layoffs from the local Labour and Social Laws Inspector. The inspector must provide a decision within 15 days of receiving the request.
b) Consult with staff representatives for their opinion at least 8 days before issuing the layoff notice.
c) Provide a list of the laid-off workers to the Ivory Coast Manpower Office.
▻ Failure to follow this procedure renders the collective redundancy decision void. Laid-off workers must then be reinstated and receive back pay for the period of contract suspension.
▻ If the collective redundancy is carried out according to the proper procedures outlined in this agreement, the laid-off workers will be given priority for re-employment as specified in the agreement.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Under Section 13 ICA: A worker who is laid off due to a job being eliminated or a staff reduction retains hiring priority for two years in the same job category.
▻ To facilitate this process, the employer must first send a list of these workers with hiring priority to the Ivory Coast Manpower Office.
▻ Furthermore, a worker with hiring priority is required to notify their former employer of any address changes that occur after they have left the company.
Under Section 37 ICA, where an employee's contract has been suspended due to illness and the worker is unable to return to work after the period specified in law, the employer may permanently replace them. To do so, the employer must notify the employee by registered letter that the employment contract is being terminated.
▻ However, an employee who is replaced under these conditions retains a priority right to re-employment for one year. This period may be renewed one time.
→ Section 38 ICA provides for collective dismissal, indicating that: When collective dismissals are carried out in the manner provided for by this ICA (as per section 16.7 of the Labour Code), the dismissed workers will benefit from re-employment priority under the conditions set out in the 6th paragraph of Section 13 of this ICA.

The procedures established by the LC apply to both individual and collective dismissals based on economic grounds.

DECREE N° 96-201 OF MARCH 7, 1996, CONCERNING SEVERANCE PAY

→ Section 1 of Decree N° 96-201 indicates that: If an employer terminates a work contract, an employee who has completed at least one year of effective service and has not committed a serious offence is entitled to severance pay. This pay is separate from any notice period.

→ Section 3 of Decree N° 96-201 provides that: Severance pay is calculated as a percentage of the employee's total monthly salary over the 12 months before the termination date, for each year they worked at the company. The total salary includes all payments received for work, but excludes reimbursements for expenses.
The percentage is determined by the employee's seniority:
▻ 30% for up to and including the fifth year.
▻ 35% for the period from the sixth to the tenth year, inclusive.
▻ 40% for the period after the tenth year.
Fractions of a year are also included in the calculation and are rounded down to the nearest month.

No specific redundancy payment: severance pay covers dismissals for economic reasons.
However, an end-of-contract indemnity is paid to a worker on a fixed-term contract that is not renewed. The rate is 3% of the total gross remuneration earned throughout the contract's duration.

→ Section 15.8 LC indicates that: When a fixed-term contract ends without being converted into a permanent one, the employee is entitled to an end-of-contract indemnity as a salary supplement.
▻ Indemnity Calculation and Payment
The rate for this indemnity is 3% of the total gross salary the employee received during the contract's duration. This payment is made to the employee at the same time as their final paycheck.
▻ Exceptions
This end-of-contract indemnity is not owed in the following situations:
• The employee refuses a new permanent contract for the same or a similar job with at least an equivalent salary.
• The contract is terminated early by the employee.
• The contract is terminated early due to a serious offence committed by the employee.