Employment in Gabon

A worker may have an oral or written employment contract, but a written contract gives clearer evidence of the job, pay, duration and duties. The contract must use the official language, and a medical fitness certificate is required. Written contracts are exempt from stamp and registration fees. A permanent contract is commonly called a CDI, while a fixed-term contract is a CDD. A CDD must be written and may last up to two years including renewals; exceeding that limit converts the relationship into a CDI. Daily and weekly contracts must also be written, may be renewed for no more than one month, and require registration through a bureau d’embauche and a social declaration. A written trial period may last up to six months for managers, three months for employees, technicians and supervisors, or one month for other workers. If the relationship continues after the trial, the definitive contract applies from the beginning. Part-time work requires a written contract, proportional pay and retention of core employment rights. Telework may be agreed by any formal means. Employment-related insertion arrangements include a professionnalisation contract, usually lasting six months and renewable once, and an adaptation or professional-reconversion arrangement with the same maximum period and renewal possibility. Apprenticeship pay must be at least 50% of the SMIG during the first six months and 100% afterwards. The SMIG is the statutory minimum interprofessional wage. A minimum guaranteed income, known as the RMM, can apply below the threshold set by decree; current amounts should be checked against the latest decree. The PNPE, or Pôle National de Promotion de l’Emploi, supports job matching. A job seeker creates a D.E. account through NIP, and a counsellor must validate the account before access to the regional office or bureau, including available WhatsApp contact channels. The service states no registration fee. Employers with at least three years of operation and more than 20 workers are expected to take in at least 5% of trainees or job seekers under the applicable arrangement. Foreign workers receive priority for a suitably qualified Gabonese worker where competence is equal. A foreign worker may be hired for competence that is unavailable locally only after the employer requests authorization. The Direction Générale du Travail reviews the request, and the minister decides within a maximum of one month. The authorization applies to the named worker, position and company, lasts up to two years and may be renewed. The employer must inform the Inspection du Travail and immigration authorities within eight days when the employment ends and must provide a repatriation commitment. Pay consists of base salary, benefits and other accessories. The employer pays in legal currency at hourly or daily intervals of no more than 15 days, or monthly at intervals of no more than one month. The SMIG sets an absolute floor, and equal-value work should receive equal pay. Payment in kind requires the worker’s consent. When employment requires relocation, the employer must provide suitable housing or a compensating allowance. Normal legal working time is limited to 40 hours per week, weekly rest must last at least 24 hours, and night work runs from 21:00 to 06:00. Overtime and sector-specific exceptions may follow regulations or collective agreements. Annual leave accrues at two working days for each month of effective service and becomes claimable after 12 months. Payment is based on the preceding 12 months. Maternity, paternity, sickness and technical-unemployment rules can suspend the employment relationship under their applicable conditions. An employer may not impose a wage reduction as a disciplinary penalty. Anti-discrimination, anti-forced-labour and anti-harassment protections apply to the employment relationship. The employer must affiliate with the CNSS from the first employee, and the worker must be registered at the first hire; the official CNSS rule refers to an eight-day period. CNSS, the Caisse Nationale de Sécurité Sociale, issues an insured-person number and card and administers family benefits, professional risks, old-age, invalidity and death protection. CNAMGS provides the relevant national health-insurance framework. The worker should check the registration and contribution record rather than relying only on a payslip. Family-allowance access generally requires four continuous months of work and an activity threshold. Employers pay social contributions, while payroll deductions from the worker are lawful only when the applicable rules permit them. A CDI may end through dismissal, resignation, mutual termination, retirement or death. Notice periods increase with length of service: 15 days for up to one year, one month for one to three years, two months for three to five years, three months for five to ten years, four months for ten to 15 years, five months for 15 to 20 years, six months for 20 to 30 years, and ten additional days for each year above 30. Economic dismissal requires at least three months’ notice. During notice, the worker receives one paid day per week to look for work. For personal dismissal, the employer must give at least five working days’ notice of the hearing, allow five working days for reflection and notify the decision within 48 working hours. Economic dismissal requires authorization from the labour inspector, who has up to 30 working days to decide. Severance is generally 20% of the average global salary over the last 12 months for each continuous year of service. The employer must issue a certificat de travail when employment ends. Retirement is generally set at 60, although sector rules may range from 55 to 65. An individual employment dispute first goes to conciliation before the Inspecteur du travail. If conciliation fails or is only partial, the worker may bring the matter before the Tribunal du Travail; the procedure is free. Direct tribunal access is possible after the inspector’s maximum three-month delay. A union may assist the worker. Wage claims are limited to the five most recent years, so contracts, payslips, schedules, notices, social-security records and termination documents should be preserved.