Employment and Labour law in the Ivory Coast

Country snapshot

Key considerations

Which issues would you most highlight to someone new to your country?

The following key issues should be noted by someone new to Ivory Coast:

• Ivory Coast has a plentiful workforce, 73.2% of which is composed of young people (National Survey on the Employment Situation and the Informal Sector 2016).
• The employment sector is regulated by laws and regulations that take into account the interests of both employers and employees.
• Disputes arising in the employment sector are subject to special regulations and referred to courts which have exclusive jurisdiction over such disputes.

What do you consider unique to those doing business in your country?

There are many factors to be considered when doing business in Ivory Coast. As regards employment, the government promotes local employment: incentives are granted to foreign employers whose total workforce comprises approximately 80% Ivorian executives and supervisory staff (Article 21 of the Investment Code 2018).

Is there any general advice you would give in the employment area?

Ivory Coast is a French-speaking country; therefore, contracts must be drafted in French to be valid (see Article 4 of Decree 96-287 of 3 April 1996 on the Employment Contract).

Further, parties undertaking projects which concern the employment sector should enlist the assistance of a local practising lawyer. This is important given the specificity of the subject and the fact that it is beyond the scope of Organisation for the Harmonisation of Corporate Law in Africa law.

Emerging issues/hot topics/proposals for reform

Are there any noteworthy proposals for reform in your jurisdiction?

As far as is known, no bills to revise or reform the current legislation are before Parliament at present.

What are the emerging trends in employment law in your jurisdiction?

Emerging trends in employment law in Ivory Coast are:  

• the equality of opportunity and treatment in employment;
• The expansion of unions;
• the promotion of local content policies in the labour sector;
• the free movement of goods and persons within the Economic Community of West African States (ie, Benin, Burkina Faso, Cabo Verde, Gambia, Ghana, Guinea Bissau, Guinea, Ivory Coast, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo).

The employment relationship

Country specific laws

What laws and regulations govern the employment relationship?

Several regulations govern employment relationships, including:  

• Act 2015-532 of 20 July 2015, which constitutes the Labour Code; and
• the Interprofessional Collective Agreement 1977.

Who do these cover, including categories of worker?

These laws and regulations cover all categories of:

• employer;
• employee;
• union; and
• protected employee (eg, disabled workers and staff representatives).

Misclassification

Are there specific rules regarding employee/contractor classification?

Act 2015-532 of 20 July 2015 (which constitutes the Labour Code) and the Interprofessional Collective Agreement 1977 provide specific rules regarding employee classification.  

Contracts

Must an employment contract be in writing?

In principle, only fixed-term contracts must be in writing. However, in practice, contracts cannot be registered unless they are in writing, and registration of all employment contracts is mandatory under Ivorian law.

Are any terms implied into employment contracts?

Yes, some terms are implied into employment contracts. Under Ivorian law, contracts need not mention all of the terms that bind the parties. For example, a fixed-term contract need not mention that it cannot be renewed more than once. Parties should know that even though such a provision is not mentioned in the contract, they must comply with the laws and regulations governing the conditions and duration of fixed-term contracts, which are mandatory under the Labour Code.

Are mandatory arbitration/dispute resolution agreements enforceable?

Yes. Under the Labour Code, any arbitration clause in an employment contract binds the parties and is consequently enforceable (Article 82.10 of the Labour Code).

How can employers make changes to existing employment agreements?

Any substantial change to an employment agreement by the employer requires the employee’s consent (Article 16.16 of the Labour Code).

Foreign workers

Is a distinction drawn between local and foreign workers?

Yes, a distinction is made between local and foreign workers. For example, Articles 7 and 8 of Decree 96-287 of 3 April 1996 on the Employment Contract include specific provisions on the contracts of foreign workers.

Notably, employers should send any employment contract with a foreign worker to the Minister of Labour for approval. 

Recruitment

Advertising

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:

(a)Criminal records?

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.

(b)Medical history?

Employers can check candidates’ medical history and decide not to recruit them based on the results.

(c)Drug screening?

Employers can drug screen candidates and decide not to recruit them based on the results.

(d)Credit checks?

Employers can conduct a credit check on candidates and decide not to recruit them based on the results.

(e)Immigration status?

Employers can check candidates’ immigration status and decide not to recruit them based on the results.

(f)Social media?

Employers can check candidates’ social media accounts and decide not to recruit them based on the results.

(g)Other?

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

Pay

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?

MealsFor 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).

Rest breaksEmployees 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.

Record keeping

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).

Discrimination, harassment & family leave

What is the position in relation to: Protected categories

(a) Age?

Children should not be employed in any company before the age of 16 or as apprentices before the age of 14, unless provided otherwise by a specific regulation (see Article 23.2 of the Labour Code).

(b) Race

Race cannot be a contributing factor in decisions regarding:

• hiring;
• the conduct and distribution of work;
• vocational training;
• promotions;
• compensation;
• benefits;
• discipline; or
• the termination of an employment contract.

Employers must ensure that all employees receive equal pay for the same work or work of equal value, regardless of race (Articles 4 and 31.2 of the Labour Code).

(c) Disability?

Disability cannot be a contributing factor in decisions regarding:

• hiring;
• the conduct and distribution of work;
• vocational training;
• promotions;
• compensation;
• benefits;
• discipline; or
• termination of the employment contract (Article 4 of Labour Code).

(d) Gender?

Employers must ensure that all employees receive equal pay for the same work or work of equal value, regardless of their gender. Gender cannot be a contributing factor in decisions regarding:

• hiring;
• the conduct and distribution of work;
• vocational training;
• promotion;
• compensation;
• benefits;
• discipline; or
• the termination of an employment contract (Article 4 and 31.2 of Labour Code).

(e) Sexual orientation?

The Labour Code does not contain specific rules regarding sexual orientation.

(f) Religion?

Religion cannot be a contributing factor in decisions regarding:

• hiring;
• the conduct and distribution of work;
• vocational training;
• promotion;
• compensation;
• benefits;
• discipline; or
• the termination of the employment contract.

Employers must ensure that all employees receive equal pay for the same work or work of equal value, regardless of their religion (Articles 4 and 31.2 of the Labour Code).

(g)Medical?

Under existing legislation, employers are not obliged to conduct background checks and inquiries regarding a potential employee’s medical history. However, employers can base their decision on whether to hire an employee on the basis of such inquiries. 

(h)Other?

No specific rule requires employers to choose a potential Ivorian employee over a foreigner one. However, Ivorian law grants incentives to employers that hire Ivorian employees over foreign ones.

Family and medical leave

What is the position in relation to family and medical leave?

Ivorian law acknowledges family and medical leave. Specific provisions in Article 25 of the Interprofessional Collective Agreement 1977 address this issue.

Employees are entitled to the following family and medical leave:

• their wedding – four days;
• wedding of their child or sibling – two days;
• death of their spouse or direct descendant – five days;
• death of their child or parent – five days;
• death of their parent-in-law – two days;
• birth of their child – two days;
• baptism of their child – one day;
• their child’s first communion – one day; and
• their relocation – one day.

However, any leave permitted under the law cannot be taken without proper notice to their employer and obtained its written approval.

By law, employees can seek an extension of leave where necessary. If such request is granted by the employer, the additional time off will not be remunerated.

As regards medical leave, under the current legislation, employers must grant medical leave to employees when needed to treat their illness. However, employees must provide a medical certificate to prove their illness and the time needed to treat it.

Harassment

What is the position in relation to harassment?

Ivorian law acknowledges and punishes workplace harassment. No employee, person in training or apprentice can be penalised or dismissed for refusing to undergo acts of moral or sexual harassment at the request of their employer, its representative or any person who, abusing their authority:

• confers duties;
• gives orders;
• utters threats;
• imposes constraints; or
• exerts pressure of any kind on an employee (Article 5, Paragraph 1 of the Labour Code).

Whistleblowing

What is the position in relation to whistleblowing?

Aside from those concerning harassment, the Ivorian employment regulations contain no provisions regarding whistleblowing.

Privacy in the workplace

Privacy and monitoring

What are employees’ rights with regard to privacy and monitoring?

Employers should respect employees’ rights regarding their privacy. Employees can challenge any measure taken by their employer that aims to breach such rights.  

To what extent can employers regulate off-duty conduct?

In principle, employers cannot regulate off-duty conduct.

However, under the Social Security Code, some off-duty conduct (eg, accidents which occur while an employee is travelling to or from work) is not considered off-duty conduct (Article 66 of the Social Security Code).  

Are there rules protecting social media passwords in the employment context and/or on employer monitoring of employee social media accounts?

Employers should respect employees’ rights regarding their social media passwords and employees can challenge any measures taken by their employer which breach such rights. However, employees should not infringe the rules set out by their employer to protect the company. 

Trade secrets and restrictive covenants

Intellectual Property

Who owns IP rights created by employees during the course of their employment?

Unless provided otherwise by a contractual agreement, IP rights created by employees during the course of their employment belong to their employers (Article 11 of the Agreement revising the Bangui Agreement 1977 on the Creation of an African Intellectual Property Organisation).

Restrictive covenants

What types of restrictive covenants are recognised and enforceable?

The non-competition clause set out in Article 16.4 of Labour Code is recognised and enforceable.

Non-compete

Are there any special rules on non-competes for particular classes of employee?

No. A general provision forbids any category of employee, unless otherwise agreed, from exercising  any professional activity that is likely to compete with that of their employer or impede the proper performance of the agreed services (Article 16.4 of the Labour Code).

Discipline and grievance procedures

Procedures

Are there specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

Yes, Article 22 of Interprofessional Collective Agreement 1977 and Articles 17.1 et seq of the Labour Code set out the following procedure, which should be followed when contemplating discipline or grievance procedures:

• An employer should send a letter requesting the employee to explain the alleged grievance.
• The employee should respond to this letter.
• The employer should assess the employee’s response and take a decision based thereon. 

Under the Interprofessional Collective Agreement and the Labour Code, the following disciplinary penalties are available:

• a reprimand;
• a written warning;
• a suspension of one to three days;
• a suspension of four to eight days;
• a dismissal.

Industrial relations

Unions and layoffs

Is your country (or a particular area) known to be heavily unionised?

There are unions in Ivory Coast, but no data or surveys to say whether the country (or a particular region) is heavily unionised.

What are the rules on trade union recognition?

Under Article 51.5 of the Labour Code, the recognition of trade unions is subject to specific procedures, including the filing of legal documents and information requested by law.

What are the rules on collective bargaining?

Rules concerning collective bargaining are included in Articles 71.1 et seq of the Labour Code.

Termination

Notice

Are employers required to give notice of termination?

Yes, unless otherwise agreed by the parties or stipulated by specific rules, employers must give notice of termination, except in case of gross negligence (Article 18.7 of Labour Code).

Redundancies

What are the rules that govern redundancy procedures?

Ivorian law provides for specific procedures that govern redundancy. The procedure differs depending on the number of employees concerned.

Are there particular rules for collective redundancies/mass layoffs?

Yes, such rules are provided for in Article 18.10 of the Labour Code.

Protections

What protections do employees have on dismissal?

Dismissals must be compulsorily motivated and preceded by a notice, except in case of gross negligence. A protected employee cannot be dismissed without the prior authorisation of the labour inspector (Articles 18.4, 18.7 and 61.8 of the Labour Code).

Courts/tribunals

Jurisdiction and procedure

Which tribunals or courts have jurisdiction to hear complaints?

The competent court is the labour court of the employee’s place of work. However, for disputes arising from the termination of an employment contract and notwithstanding any conventional attribution of jurisdiction, the employee can choose between the court in their place of residence or their place of work (Article 81.10 of the Labour Code).

What is the procedure and typical timescale?

Employment disputes are referred to the labour courts, which have exclusive jurisdiction over any dispute arising from an employment contract. Claimants are not obliged to hire a lawyer. Rather, they can be represented by a union representative or have no representative.

Notably, a pre-court conciliation step must be taken before approaching the labour court.

Where conciliation is unsuccessful, the case will be referred to the litigation section of the tribunal (Article 81.7 et seq of the Labour Code).

The average timescale for proceedings before the lower courts is six months. Further, under the Ivorian procedural laws, tribunals must close all cases within six months.

Appeals

What is the route for appeals?

Any judgment rendered by a first-instance tribunal is subject to appeal before the court of appeal with jurisdiction over the case. Court of appeal judgments are subject to a last-resort recourse before the Supreme Court (Articles 81.31 et seq of the Labour Code).