What are the requirements relating to advertising positions?
In principle, no specific provisions concern the advertisement of positions. However, in practice, ads must include:
- the job title;
- the designated tasks;
- the duration of the post;
- the applicable statute; and
- the place of work.
Background checks What can employers do with regard to background checks and inquiries in relation to the following:
Employers are not obliged to conduct background checks and inquiries in relation to criminal records. However, where they do, they can decide whether to hire the candidate based on the results.
Employers can check candidates’ medical history and decide not to recruit them based on the results.
Employers can drug screen candidates and decide not to recruit them based on the results.
Employers can conduct a credit check on candidates and decide not to recruit them based on the results.
Employers can check candidates’ immigration status and decide not to recruit them based on the results.
Employers can check candidates’ social media accounts and decide not to recruit them based on the results.
Employees are not obliged to provide any information regarding their personal background unless required by the regulations governing their specific sector. However, they can agree to share information with their employer on its request.
Wages and working time
Is there a national minimum wage and, if so, what is it?
There are two minimum wages:
- the guaranteed interprofessional minimum wage, which is XOF60,000; and
- the guaranteed agricultural minimum wage, which is XOF36,000.
Are there restrictions on working hours?
Working hours cannot exceed 40 hours per week (eight hours per day) for non-agricultural enterprises and 48 hours per week for agricultural enterprises (eg, farms, establishments and agricultural enterprises), up to a maximum of 2,400 hours per year (Article 1 of Decree 96- 203 of 7 March 1996 relating to Hours of Work).
Night work is possible between 9:00pm to 5:00am.
Hours and overtime
What are the requirements for meal and rest breaks?
For day work, employees must be given 30 minutes for meals, taken as one 30-minute break or two 15-minute breaks (Article 10 of Decree 96- 203 relating to Hours of Work).
Employees must be given one 30-minute rest break for day work and one 15-minute rest break for night work.
How should overtime be calculated?
Under the Labour Law, ‘overtime’ is defined as any additional hour worked beyond regular working hours and is calculated by multiplying the hourly salary by the following rates:
- for overtime worked during the day – 15% for the first eight extra hours worked and 50% for any additional hour;
- for night hours – 75% for any extra hour worked; and
- for overtime worked on weekend days or public holidays – 75% for any extra daytime hours and 100% for any extra night time hours (see Article 51 of the Interprofessional Collective Agreement 1977).
What exemptions are there from overtime?
Exemptions from overtime are governed by Article 1 of Decree 96-203 relating to Hours of Work within specific sectors.
Is there a minimum paid holiday entitlement?
Yes, the minimum paid holiday entitlement is equal to 12 months (Decree 98-39 on the System of Paid Holidays 1998 under the Labour Code).
What are the rules applicable to final pay and deductions from wages?
An employee’s final pay (including wage deductions) cannot be lower than the national minimum wage and must be paid in West African francs. Payment must be made in all cases, except cases of force majeure in the course of work, and must be paid at regular intervals not exceeding:
- 15 days for employees engaged on a daily or weekly basis; and
- one month for employees engaged on a fortnightly or monthly basis.
Monthly payments must be made no later than eight days after the end of the month of work qualifying for the salary (Article 31.1 et seq of the Labour Code).
Wage deductions are permitted. However, they cannot, whatever the employee’s debt, exceed one-third of their wage.
What payroll and payment records must be maintained?
Ivorian law provides for two kinds of payment: manual and electronic payments.
Payroll and payment records (manual or electronic) must be maintained (Article 32.5 of the Labour Code).