Labor law in Gabon

The Code du Travail is the central national framework for employment relationships in Gabon. The corrected text was published in JO No. 163 BIS on 18 May 2022 after an error in No. 139. It protects freedom from forced labor and prohibits discrimination based on race, color, sex, pregnancy, religion, political opinion, trade-union affiliation, national ancestry, social origin or health. Pay rules also require equality for work of equal value and prohibit unequal treatment based on origin, opinion, sex or age. When several sources regulate the same matter, a more favorable law, collective agreement, agreement, employment contract or established workplace practice can preserve rights. Doubts about the applicable labor rule are generally resolved in the worker's favor. Employment contracts may be verbal or written, but the written contract must use the official language and does not attract stamp or registration fees. A medical certificate confirming fitness for work is required. Contracts may be indefinite or fixed-term. A fixed-term contract must be written, normally cannot exceed two years including renewals, and becomes an indefinite contract when the legal limit is exceeded. Seasonal, intermittent, part-time, temporary-agency and assignment arrangements are also recognized. A written probation period may last up to six months for managers, three months for technicians and supervisors, or one month for other employees. Daily or weekly workers are normally engaged through a hiring office for no more than one month at a time and must be registered for social insurance. Foreign workers do not automatically displace a Gabonese worker with the same competence. The employer applies for an employment authorization tied to one worker, one position and one company. It normally lasts up to two years and can be renewed; a decision typically takes about one month. The end of the employment relationship must generally be reported within eight days. The statutory maximum working time is 40 hours per week. Daily scheduling depends on the sector, and overtime pay follows the applicable regulation or collective agreement. Agriculture is subject to a separate annual reference of approximately 2,400 hours. Annual leave generally accrues at two working days per month of service, or 2.5 days for workers under 18. Leave becomes usable after 12 months and may normally be accumulated for up to two months. Maternity and parental protection can interrupt the employment contract under the applicable rules. Equal pay applies to work of equal value. The SMIG is the statutory minimum wage set by decree, while the RMM is fixed by a joint decree of the labor and budget authorities; their current amounts are not stated in the Code and require verification against the current decrees. Hourly and daily workers must normally be paid at least every 15 days, and monthly workers at least once a month. Monthly wages are due no later than the fifth day after the end of the month. Commission payments are due within three months. An employer may not impose monetary fines on an employee. For an assigned worker, pay must be at least the internal category rate of the user company. Employers must provide a healthy and suitable workplace, appropriate equipment and personal protective equipment. They must also provide housing or food where the work requires it. A fitness examination is required before employment and is generally repeated annually at the employer's expense. Workers must cooperate with safety measures and report accidents. A worker who withdraws from an imminent and serious danger receives legal protection against retaliation. Employment of children under 16 is generally prohibited. The CNSS system covers registration, family benefits and protection for occupational accidents and diseases, as well as old age, invalidity and death benefits. The employer must report a workplace accident or occupational disease to the CNSS within 48 hours. The injured worker or eligible beneficiaries can make a substitute report within two months if necessary. Workers may form or join trade unions. Employee delegates are required when an establishment has more than 10 workers. Their elected mandate lasts three years and includes 15 hours per month of delegated working time. The employer may dismiss a protected delegate only after prior authorization from the competent Labor Inspection, which normally decides within 15 days and may receive an additional 15 days. Collective agreements can apply at sector or company level and may grant more favorable conditions. An individual employment dispute normally begins with conciliation before the competent Labor Inspection. A trade union may accompany the worker. If conciliation is partial or fails, the Inspection should transmit the matter to the Labor Tribunal within a maximum of three months. The claim may be filed orally or in writing at the tribunal registry or through the Inspection. Proceedings are free for the parties, and an employee may seek legal aid. A summons may be issued within two days and the hearing should generally take place within one week. The court can also conduct conciliation; its settlement record has the force of an enforceable title. Collective disputes first go through conciliation and may then proceed to mediation or arbitration. A collective dispute should be brought promptly to the Labor Inspection. A strike must concern defined claims and follow the required prior notice. A minimum service of 40 percent applies, and replacement strike workers are not permitted. A lockout or strike that fails to meet legal conditions may be treated as unlawful and assessed by the courts. An indefinite employment contract may end through dismissal, resignation, mutual termination, retirement or death. A personal dismissal requires a real and serious reason and may not be retaliatory, union-related or discriminatory. The employer must invite the employee to a preliminary interview at least five working days beforehand, allow five working days for reflection, and send the dismissal notice within 48 working hours. Economic dismissal requires authorization from the Labor Inspection, which may take up to 30 working days. The employer must consult employee delegates, trade unions and the CPEES, and must prepare a social plan when at least 10 workers are affected. A breach of these requirements can create an additional claim equivalent to three months of salary. For a dismissal other than one based on gross misconduct, the dismissal compensation is generally 20 percent of the average total salary earned during the previous 12 months for each year of service. Compensation for the notice period is separate. Retirement normally occurs at 60, although sector rules may place the age between 55 and 65. The employer must provide a certificate of employment at the end of the relationship. The current SMIG, RMM, overtime rates, CNSS contribution rates and sector wage scales should be checked against the latest applicable decrees, collective agreements and local Labor Inspection practice before relying on a precise amount or procedure.