Côte d'Ivoire
International Employment Law Guide
A. Hiring of employees (onboarding)
1. Mandatory employer requirements
The Ivorian Employment Code sets out various requirements for employers in terms of recruitment.
Employers may hire their workers directly or use the services of the public employment agency or private employment agencies.
It should also be noted that, under the interpersonal collective agreement, recruitment must always be evidenced by a letter of recruitment or any other document in lieu thereof, indicating the identity of the worker, the date of recruitment, the professional classification and the agreed salary, which must in no case be less than the conventional minimum wage for the classification, and possibly the conditions and duration of a trial period.
In addition, with regard to companies based in Côte d'Ivoire, any vacancy must be notified to the public employment agency and published in a national daily newspaper with a large circulation and possibly in any other media.
If at the end of a period of one month from the first publication, no national has met the required profit, the employer is authorised to recruit any other candidate.
In addition, companies are required to declare their recruitments and dismissals to the public employment agency.
It is not necessary for a company to have an establishment in Côte d'Ivoire to employ a person living in the country.
In this case, it is important to specify that Ivorian law applies to employment contracts concluded for performance on the territory of the Republic of Côte d'Ivoire.
It also applies to the occasional performance for a period of more than 3 months, on the territory of the Republic of Côte d'Ivoire, of an employment contract concluded for performance in another State.
2. Probation periods
Under the Ivorian employment code, the final hiring of an employee 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 employee belongs.During the trial period, both parties have the right to terminate the contract without compensation or notice.
The maximum duration of the trial period is set as follows:
- Workers and employees:
- 8 days for workers paid by the hour
- 1 month for employees paid by the month
- Supervisors, technicians and similar staff
- 2 months
- Engineers, executives and similar
- 3 months
- Senior executives
- 6 months
The probation period can be renewed for one period per particular level.
However, if the employee is subject to a trial period of 2 months or more, the renewal of this period must be notified to him in writing, before the end of the trial period, under the following conditions:
- 8 days before the end of the trial period when it is 2 months long
- 15 days before the end of the 3-month trial period
- 1 month before the end of the 6-month trial period.
If the employer has not informed the employee within the above deadlines and intends to renew the trial period, he must:
- either obtain the employee's agreement
- Or, if not, pay him a compensatory indemnity set by the Ivorian employment code.
It should also be noted that during the trial period, the employee must be paid at least the minimum wage for the professional category of the job to be filled.
In addition, the start and end dates of the trial period, as well as any renewal dates, must be set out in writing. If the employer uses the worker’s services beyond the probationary period, the employment is deemed to be final.
3. Hiring checks
Medical examination
Employers are required to carry out:
- A medical examination of candidates for recruitment or newly recruited employees at the latest before the expiry of their trial period,
- Periodic examinations of employees to ensure that they are in good health and fit for the job, and early diagnosis of occupational diseases.
These services are available to all workers, regardless of the sector of activity or size of the company.
The Employment Code does not deal with the possibility of the employer canceling an employment contract concluded following the pre-recruitment medical examination. However, certain clarifications must be taken into account:
- According to the Ivorian Employment Code, no employer may take into consideration the known or suspected HIV status or AIDS, or the disability of workers when deciding whether to terminate an employment contract.
- Moreover, according to the provisions of the Employment Code, the decisions generally accepted with regard to the health of a worker who is unable to hold his post are the downgrading of the worker or the suspension of his employment contract in accordance with the provisions of the aforementioned Code.
Criminal background check
There are no obligations or systematic controls imposed by Ivorian law.
Reference and education checks
There are no obligations or systematic controls imposed by Ivorian law.
4. Diversity & inclusion
Subject to the express provisions defined by the Employment Code and any other legislative or regulatory text protecting women and children, as well as the provisions relating to the status of foreigners, no employer may take into consideration the sex, age, national origin, race, religion, political and religious opinion, social origin, trade union membership or non-membership, trade union activity, proven or presumed HIV-positive or AIDS-positive status, or the disability of workers, in order to make decisions concerning recruitment.
The Ivorian Labour Code also contains special provisions relating to the employment of people with disabilities, minors, etc.
5. Types of employment contracts
The Ivorian employment code provides for various types of employment contract. These include
- Fixed-term contracts
Fixed-term employment contracts may not be concluded for more than 2 years including renewal and must be in writing or evidenced by a letter of recruitment.
- Indefinite-term contracts
Indefinite-term contracts and must be in writing or evidenced by a letter of recruitment.
- Training or work experience contract
- Worksite contract
6. Specific rules for executives
Professional categories vary according to sector of activity and function (manual, clerical, executive, etc.). The main impact of executive status is on the minimum wage.
In addition certain variables, deadlines or amounts of compensation are classified or granted according to its function. However, with the exception of these variables, the Ivorian Employment Code does not lay down any specific rules for the recruitment of executives.
7. Language requirements
The Ivorian Employment Code specifies that French is the appropriate language for employment contracts and letters of employment.
8. Equal pay
In accordance with the Ivorian Employment Code, all employers are required to ensure equal pay for equal work or work of equal value for all employees, irrespective of their sex, age, national origin, race, religion, political and religious opinions, social origin or membership or non-membership of a trade union.
In addition, work which requires employees to have a comparable combination of professional knowledge evidenced by a qualification, diploma or professional experience, skills derived from acquired experience, responsibilities and physical or mental workload, is considered to be of equal value.
9. Remote work
The legal framework for remote working is set out in a decree introduced on 12 January 2022.
In accordance with this decree, remote working is defined as a way of organising or carrying out work, formalised by an employment contract or an amendment to the employment contract, in which work that could have been carried out in whole or in part on the company's premises is carried out by an employee away from these premises, using information and communication technologies.
Remote working may be envisaged at the time of recruitment or at a later date, at the request of the employee or at the suggestion of the employer. It is implemented within the framework of a collective agreement. In the absence of a collective agreement, teleworking may be agreed between the employee and the employer.
The collective or individual agreement must include the following compulsory and non-exclusive information set out in the decree:
- the conditions for switching to telework ;
- the conditions for returning to performance of the employment contract on the company's premises;
- the conditions for implementing telework;
- the terms and conditions for implementing telework in terms of occupational health and safety;
- determination of working hours ;
- procedures for monitoring working hours and regulating workloads;
- procedures for exercising the employer's disciplinary powers.
In addition, please note that teleworkers have the same rights and obligations as employees who carry out their employment contract on company premises. In addition to their obligations under ordinary law towards their employees, the employer is obliged towards the teleworker :
- provide the teleworker with the means necessary to carry out his/her work;
- train the teleworker in the proper use of the equipment and tools required for remote working;
- inform the teleworker of any restrictions on the use of computer equipment or tools or electronic communication services and of the penalties for non-compliance with such restrictions;
- to respect their privacy.
B. Termination of employees (Offboarding)
1. Kinds of dismissal
The Ivorian employment code provides for two types of dismissal:
- Dismissal for personal reasons
- Dismissal for economic reasons
These two types of dismissal can be carried out regardless of the type of contract of the employee(s) concerned.
2. Dismissal motivation
Dismissal on personal grounds is based on the employee's personal circumstances, including his or her state of health, fitness for the job, professional inadequacy or misconduct.
Dismissal for economic reasons is carried out by the employer due to the loss or transformation of jobs, in particular as a result of technological change, restructuring or economic difficulties likely to compromise the financial equilibrium of the company.
Unjustified dismissal may have financial consequences for the employer, in particular the payment to the employee of dismissal compensation, any notice pay and damages.
3. Notice period
The notice period is governed by decree no. 96-200 of 7 March 1996. In accordance with this text, the period of notice is set in accordance with the employee's professional category and seniority in the company. It is as follows for all employees:
- Workers paid by the hour, by the day, by the week or by the fortnight and classified in the first five categories :
- 8 days, up to 6 months' seniority in the company ;
- 15 days, from 6 months to 1 year's seniority in the company ;
- 1 month, from 1 year to 6 years' seniority in the company;
- 2 months, from 6 to 11 years' seniority in the company;
- 3 months, from 11 to 16 years' seniority in the company
- 4 months, after 16 years with the company;
- Workers paid by the month and classified in the first five categories :
- 1 month, up to 6 years' seniority in the company ;
- 2 months, from 6 to 11 years' seniority in the company.
4. Severance pay
The amount of severance pay varies according to the nature of the contract, the conditions under which the employment contract was terminated and the employee's length of service.
If the employment contract is terminated by the employer, the employee may be entitled to severance pay if he or she has completed a period of service equal to one year.
It should also be noted that redundancy pay is not payable if the employment contract is terminated as a result of gross negligence on the part of the employee, or if the employee leaves the service definitively in order to receive the statutory retirement allowance.
The dismissal indemnity is represented for each year of accrued presence in the company by a determined percentage of the total monthly salary for the 12 months of activity preceding the date of dismissal.
This percentage is set according to the employee's length of service:
- 30% up to and including the 5th year
- 35% for the period from the 6th to the 10th year inclusive
- 40% for the period extending beyond the 10th year.
In addition, certain other indemnities may be payable to the employee in the event of termination, in particular indemnity in lieu of notice, termination indemnity in the case of employees on fixed-term contracts under the conditions set out in the Employment Code, and damages and interest in the event of unfair termination of the contract.
5. Dismissal formalities
Dismissal for economic reasons
Dismissals for economic reasons are subject to special conditions laid down by the labour law.
In fact, the head of a company who is planning to make more than one worker redundant for economic reasons must, before implementing his decision, organize an information and explanation meeting with the staff representatives under the chairmanship of the labour and social legislation inspector at the local labour inspectorate.
In addition, the head of the company must send to the National Council for Social Dialogue, at least fifteen working days before the aforementioned meeting, a file specifying the reasons for the planned redundancy, the criteria adopted by the company, the list of staff concerned and the date of redundancy, as well as any document needed to assess the situation, for the opinion and proposals of the staff representatives and the local Labour and Social Affairs Inspector.
Finally, the head of the company must provide the Employment and Social Affairs Inspector with three copies of the complete file containing the decision taken. He must also send the list of dismissed workers to the authorities responsible for promoting re-employment and retraining.
Dismissal for personal misconduct
In the case of dismissal for personal misconduct, the employer must send a written request for an explanation to the employee concerned.
In accordance with the Ivorian Employment Code, prior to any sanction, the employee must be given the opportunity to explain himself within 72 hours of receiving this request for explanation, either in writing or verbally.
Subsequently, if the employer decides to impose a penalty, it must be notified to the employee concerned within a period of fifteen working days from the date of receipt of the written explanations, except in the case of dismissals of protected employees.
The letter of dismissal must be notified to the employee and include the compulsory information defined by the Employment Code:
- Indication of the reason(s) for the dismissal
- The name or company name of the employer
- The employer's social security institution registration number and address
- The surname, first name, membership number of the social security institution and address of the employer
- The effective date of termination.
This letter notifying dismissal must also be sent to the local Labour Inspectorate at the same time as it is sent to the employee, with the same details as those given in the employee's letter.
After that, a notice period must be observed by the party initiating the termination.
Finally, for both types of dismissal, on expiry of the contract, the employer must provide the employee with an employment certificate and a salary statement from the social security institution to which the employee is affiliated, failing which the employee will be liable for damages.
6. Special dismissal protection
Special protection against dismissal is provided for staff delegates, union delegates and former delegates for six months after the expiry of their term of office.
Under the Ivorian Employment Code, any dismissal of a staff representative by the employer or his representative is subject to prior authorisation by the Employment and Social Affairs Inspector. The application for authorisation to dismiss shall be sent to the local Employment and Social Affairs Inspector, with a copy to the employee.
Members of the Health, Safety and Working Conditions Committee representing employees enjoy the same protection as staff and trade union representatives.
7. Legal means of employees
Any individual employment dispute must be submitted to the Employment and Social Legislation Inspector for an attempt at an amicable settlement before being referred to the Labour Court.
If the attempt at amicable settlement fails, an action may be brought before the Employment Tribunal under the conditions set out in the Employment Code.
8. Specific rules for executives
There are no specific rules governing the termination of employment contracts for professional and managerial staff. They are subject to the provisions of ordinary law in this area.
9. Collective dismissals
Collective dismissals are authorised as part of redundancies for economic reasons. No specific rules in this regard exist.
Get in touch
Dutauziet Ursula
Côte d'Ivoire
udutauziet@deloitte.fr | +225 27 22 599 900
View survey results from other countries
