▻ Law No. 022/2021 of November 19, 2021, establishing the revised Labour Code, was promulgated by Decree No. 00246/PR of November 19, 2021, and published in the Official Journal of Gabon (No. 139 of November 16, 2021). It updates the previous Labour Code (Law No. 3/94, as amended by Law No. 12/2000) and governs labour relations between workers, employers, apprentices, and trainees in Gabon.
▻ Gabon ratified the ILO Termination of Employment Convention, 1982 (No. 158) on December 6, 1988.

▷ Scope
Sections 1, 1-1 et 1-2 du LC 2021.
The Labour Code 2021 (LC 2021) applies to labour relations among workers, employers, their representatives, apprentices, and trainees under their authority (§ 1 LC 2021).
→ Section 1-1 of the LC 2021 defines an employer as any natural or legal person, public or private, who engages one or more individuals under an employment contract. Directors, managers, general directors, and corporate officers acting in administrative or management roles are considered employer representatives in their interactions with workers and within the framework of their responsibilities. However, they are also deemed workers in their relationship with the employer they represent, provided they have an employment contract.
▻ A worker is defined as any person, regardless of sex or nationality, who performs professional activities under the direction and authority of an employer for remuneration.
▻ Further definitions of apprentices and trainees are also provided in the law (§ 1-1 LC 2021).
▷ Exclusion
→ Section 1-2 indicates that public servants governed by the general public service statute or specific statutes are not subject to the provisions of LC 2021, except for those detached to perform in private sector companies or in personalised public services of the State.

Under the LC 2021, sections 23, 27, and 28 provide for fixed-term contracts which may have a precisely fixed term at their outset or a term based on the completion of the specific objective for which it was established.

▷ Fixed-Term Contract with a Precise Term
→ Under section 23 of the LC 2021, a fixed-term employment contract, regardless of its purpose, cannot be used to permanently fill a position tied to the company’s normal and ongoing activities. If the contract continues beyond its term, even tacitly, by the will of the parties, it automatically becomes an indefinite-term contract, despite any clause prohibiting such continuation.

▷ Fixed-Term Contract with an Uncertain Term
→ Under section 27 of the LC 2021, a fixed-term contract with an uncertain term is one where the end date is not predetermined but depends on the completion time of a specific project, task, or mission. It must be in writing and specify the nature of the work or task to be performed. Contracts for the execution of a specific project or task are considered fixed-term contracts with an uncertain term, as their duration hinges on the time required to complete the defined work, task, or mission.

Under section 23 of the LC 2021, a fixed-term employment contract, regardless of its reason, cannot be used to permanently fill a position related to the normal and ongoing activities of the company.

→ Section 24 LC 2021 provides that a fixed-term contract can only be renewed once. The maximum duration is 2 years, including any renewals.
▻ If the two-year period is exceeded, the contract is automatically reclassified as a contract of indefinite duration.

→ Under section 24 of the LC 2021, the maximum duration of FTCs is 12 months, renewable once.
▻ If the two-year period is exceeded, the contract is automatically reclassified as a contract of indefinite duration.

The trial period is regulated under sections 45 to 50 and sections 58 to 59 of the LC 2021.
→ Section 49 LC 2021 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.
→ Section 105 LC 2021 provides for the possibility of a trial in an apprenticeship contract, which may include a trial period depending on the duration of the contract.
→ Section 87 LC 2021 provides for consequences of dismissal during the trial period, indicating that severance pay is not required if the dismissal occurs during the trial period.

▷ Under the LC 2021, certain categories of workers are excluded from the full protections against dismissal, particularly those related to procedural safeguards or entitlement to severance/redundancy pay. However, the Labour Code generally aims to protect all workers, with exceptions based on contract type, employment status, or specific circumstances.
→ Under sections 60 and 61 of LC 2021, workers on fixed-term contracts are excluded from protections against dismissal at the contract’s natural end and have limited procedural protections for early termination.
→ In addition, Public agents placed on secondment within private sector companies (§ 1-2), workers in police custody or preventive detention for more than 6 months (§ 54 (10)) workers in probatory period (§ 58) and those dismissed for serious misconduct (§§ 61, 68, 81 and 113) are excluded from certain dismissal protections, such as full notice periods or severance pay.

▷ Discriminatory grounds
→ Under section 9 LC 2021 all workers are entitled to equal treatment under the law, which prohibits discrimination in employment opportunities, selection, recruitment, working conditions, remuneration, career management and dismissal based in particular on race, colour, sex, pregnancy, religion, political opinion, trade union affiliation and/or activities, national origin, social origin or supposed or actual state of health is prohibited. Discrimination undermining equality in employment opportunities is not permitted.
▷ Prohibited grounds
→ Under section 6 of the LC 2021, no worker, trainee, or apprentice can be dismissed for experiencing or refusing to endure moral or sexual harassment, or for testifying against or reporting such acts.
→ Under section 11 of the LC 2021, any dismissal measure taken against a worker for exercising a right or fulfilling an obligation conferred or imposed by the law, a collective agreement, or their employment contract is null and void.
→ Under section 63 LC 2021, dismissal for personal reasons is prohibited for reasons related to:
▻ The exercise of the worker’s legal or contractual rights;
▻ Their membership in a trade union;
▻ Discriminatory grounds.
→ Under section 91 LC 2021, dismissals made without grounds, as well as those motivated by the worker's opinions, their union activities, their pregnancy, their membership or non-membership of a specific union, or following a claim for a right due or recognised are abusive.
The following are also considered unfair dismissals:
▻ Individual or collective dismissals carried out in violation of the labour inspector authorization procedures established by this law;
▻ Refusal to reinstate a worker upon the expiration of a contract suspension as provided under Articles 51 and 209 of this law;
▻ Dismissals resulting from a worker filing a complaint, participating in proceedings against an employer for alleged legal violations, or seeking recourse with competent administrative authorities.
→ Section 207 LC 2021 provides that any dismissal of a pregnant woman, whose condition has been medically confirmed or whose pregnancy is apparent, or any dismissal occurring within fifteen months following the date of delivery, is subject to prior authorisation from the relevant labour inspector.
→ Under section 380 of LC 2021, the exercise of the right to strike cannot justify employment contract termination, except for serious misconduct by the worker. Dismissals of strikers without serious misconduct are null and void by law.

▷ Pregnant women
→ Section 207 LC 2021 acknowledges women's entitlement to equal rights and obligations under labour legislation and indicates that employers are prohibited from dismissing or retaliating against women due to pregnancy or childbirth. Any dismissal of a medically confirmed pregnant woman, one whose pregnancy is visibly apparent, or one occurring within fifteen months post-delivery, requires prior approval from the labour inspector.
▷ Representatives
→ Under section 330 LC 2012, The dismissal of a staff delegate or their alternate, as contemplated by the employer or their representative, requires prior authorization from the labor inspector to lift immunity, as stipulated in Article 70. Any dismissal without this requested and granted authorization is null and void. The same procedure applies to:
▻ Candidates for staff delegate positions during the period from the submission of candidate lists to the election date;
▻ Former staff delegates for six months following the end of their mandate.

▷ Dismissal based on personal reasons
→ Section 64 LC 2021 requires that an employer contemplating the dismissal of an employee formally invite the employee to a preliminary interview via a hand-delivered letter, a bailiff, or electronically, ensuring proof of receipt is provided. This invitation must be delivered at least five working days prior to the interview and should outline, among other things, the reasons for dismissal consideration and the employee's right to assistance.
→ Under section 66 of the LC 2021, following a preliminary interview, an employer must notify the employee of their dismissal within forty-eight working hours after the reflection period ends. The dismissal letter must clearly outline the reasons for the termination.

Under section 82 LC 2021, 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.

→ Section 63 LC 2021: definition of economic reasons.
→ Section 71 LC 2021: any individual or collective dismissal for economic reasons.

→ Under section 74 of the LC 2021, an employer contemplating individual or collective dismissals for economic reasons must provide staff representatives, union representatives, and committee members with pertinent details regarding the proposed layoffs. This includes the economic, financial, or technical justifications for the dismissals, as well as information about the workers at risk, specifically, their number, professional qualifications, nationality, seniority, age, and family situation. Similar information should also be supplied for those with comparable qualifications who are not subject to the dismissal measure.
▻ Staff representatives, union delegates, and members of the permanent economic and social consultation committee have eight working days to review the employer’s proposed dismissal plan. After this period, the employer must hold a consultation meeting with these groups. The meeting must be documented in a report that includes their opinions, suggestions, proposals, and a provisional dismissal schedule.

→ Under section 71 of LC 2021, any dismissal, whether individual or collective, due to economic reasons, requires authorisation from the appropriate labour inspector.

→ Under section 74 of the LC 2021, an employer considering making an individual or collective dismissal for economic reasons is required to provide staff representatives, the representatives of the most representative union, and members of the standing committee for economic and social consultation with information on the planned dismissals.

→ Under sections 71 and 72 of LC 2021, approval by the Labour Inspector is required for any individual or collective dismissal on economic grounds.

→ Under section 74 of the LC 2021, the employer is required to implement a social plan, in cooperation with relevant employment authorities, to mitigate dismissals or facilitate the reclassification of affected staff. This obligation arises in cases of collective dismissals involving at least ten employees due to economic reasons.

→ Under section 75 of the LC 2021, workers who have been laid off for economic reasons are entitled to priority hiring for one year if the company that dismissed them reopens or creates new positions in their field.

→ Under section 74 of the LC 2021, an employer planning individual or collective dismissals for economic reasons must inform staff representatives, union representatives, and the economic and social consultation committee about the planned dismissals. This information should include the economic, financial, or technical justification for the dismissals, as well as details about the affected workers, such as their qualifications, nationality, seniority, age, and family situation. Additionally, it should provide information about workers with similar qualifications who will not be affected by the dismissal. The employer is further required to outline measures to avoid or reduce the number of dismissals and strategies for the reclassification of staff whose dismissal is unavoidable, as well as a social plan and its funding, in coordination with the national employment management body or the relevant public employment service, to support the affected workers.

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).

▷ Severance pay
→ Section 87 of the Labour Code 2021 entitles workers dismissed for reasons other than serious misconduct to severance pay, except during the trial period. This provision supersedes section 70 of the Labour Code 1994, eliminating the requirement for a minimum two-year service period to qualify for severance pay.
→ Under section 90 of the LC 2021, severance pay or service compensation is calculated at a minimum of 20% of the average monthly salary over the last twelve months of effective work per year of continuous service with the same employer. This rate is a mandatory minimum, but collective agreements, company or establishment agreements, and individual contracts may provide more favourable terms. Fractions of years less than thirty calendar days are included in the calculation, and collective agreements may stipulate even more advantageous conditions.

▷ Unfair dismissals - Payment of damages
→ Section 91 of the LC 2021 defines "unfair dismissals" as those without valid grounds, motivated by a worker’s opinions, union activities, pregnancy, union membership or non-membership, or claims for recognized rights. Also deemed unfair are dismissals violating labour inspector authorization procedures, refusals to reinstate workers after contract suspension (per sections 51 and 209 LC 2021), or terminations due to workers filing complaints or participating in legal actions against employers for alleged legal violations. Unfair dismissals entitle workers to damages, with additional sanctions under section 98 of LC 2021, in cases of unfair economic dismissals. The determination of unfairness is left to competent courts.

▷ Dismissal during the trial period
→ Section 58 LC 2021 regarding termination of employment relationship during the trial period provides that the trial period may be terminated before the end of the term without any formality, notice, or termination compensation, with the exception of paid leave.

There is no distinction between severance pay and redundancy pay.
→ Section 87 of the Labour Code 2021 entitles workers dismissed for reasons other than serious misconduct to severance pay, except during the trial period.

▷ Note: Section 88 of the Labour Code 2021 entitles workers to "compensation for services rendered" upon retirement, to the beneficiaries of a deceased worker, or to resigning workers with at least two years of service or an amicable departure.
▻ Severance pay and compensation for services rendered are not cumulative (§ 89 LC 2021).