COTE D’IVOIRE LAW AND PRACTICE Contributed by: Abdourahim Bodeen Diallo, Albert Dione, Tokpanan Doré, Joane-Dominique Bah, Thierno Moustapha Diallo, Mamadou Billo Barry and Nasrine Akrah, Thiam & Associés
• Decree No 2017-210 of 30 March 2017 on termina - tion, retirement, and funeral allowances; and • earlier decrees governing hygiene, safety, and paid leave (notably Decree Nos 98-38, 98-39, and 98-41 of 28 January 1998). In addition, collective agreement plays a key role, in particular the Interprofessional Collective Agreement of 19 July 1977 and its annex of 20 July 1977, which governs the employment of casual workers (“jour - naliers” – “day labourers”). The competent authority is the Ministry of Employ - ment and Social Protection (Decree No 2022-604), supported by Regional Labour Directorates and the Labour Inspectorate. Labour courts, established within courts of first instance, have jurisdiction over individual employment disputes. Employment Relationships Under Article 2 of the Labour Code, an employment contract is defined as an agreement whereby a natural person (the employee) undertakes to make his or her professional activity available to another (the employ - er), under the employer’s authority and direction, in exchange for remuneration. The main types of employment contracts are: • permanent contracts (CDI); • fixed-term contracts (CDD); and • apprenticeship and internship contracts, governed by specific rules. All employment contracts must be in writing and must specify the employee’s duties, remuneration, duration, workplace, and working conditions. Working Conditions The Labour Code and its implementing decrees gov - ern the main conditions of employment, including: • working hours – 40 hours per week in the private sector (Article 21.2 and Decree No 2024-898 of 16 October 2024);
• Guaranteed Interprofessional Minimum Wage (SMIG) – established by Decree No 2022-986 in accordance with Article 31.8 of the Labour Code; • paid leave – 2.2 working days per month of effec - tive service, ie, approximately 26 working days per year (Article 25.1); • weekly rest and public holidays (Article 24.2); and • occupational health, safety, and hygiene, under the supervision of the Labour Inspectorate (Article 41.1 et seq of the Labour Code). Social Protection and Employment Policies Employees are mandatorily affiliated with the National Social Insurance Fund ( Caisse Nationale de Prévoy- ance Sociale – CNPS), which administers: • employer and employee social contributions; and • benefits such as family allowances, pensions, and work-related injury compensation. In addition, the state implements employment promo - tion policies through the Youth Employment Agency ( Agence Emploi Jeunes – AEJ) and other professional insertion programmes. Termination of Employment Employment contracts may be terminated: • by the employer (dismissal for personal or eco - nomic reasons); • by the employee (resignation); or • by mutual agreement or upon expiry of a fixed- term contract. Dismissal must be justified, notified in writing, and preceded by a preliminary interview. The employer must comply with the applicable notice periods, sev - erance pay, and, where applicable, reinstatement provisions in the event of unfair dismissal. Disputes arising from termination fall within the jurisdiction of the labour courts. 10.2 Employee Compensation The employer–employee relationship is the legal bond whereby one person (the employee) undertakes to work on behalf of and under the authority of another person or entity (the employer), in return for remunera - tion.
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