Labor law in Guinea-Bissau

The Código do Trabalho applies when a worker performs organized work under an employer's direction, usually at the employer's workplace or according to its schedule, using employer-provided tools or depending economically on the employer. An employment relationship can be presumed when these features exist for at least 30 uninterrupted days. The Code also covers NGOs, nonprofit and religious institutions, cooperatives and mixed enterprises, resident diplomatic or consular missions, and public bodies when they use an individual employment contract. Public servants generally follow special legislation, although the Code preserves rules on equal treatment, non-discrimination, maternity and paternity, worker committees and strikes where applicable. An employment contract is normally formed by agreement. Written form is required for fixed-term or uncertain-term contracts, part-time work, foreign workers, domestic work, apprenticeships, probation, contracts with a resolutive condition and other specified arrangements. A fixed-term contract normally lasts no more than six years including renewals and is generally limited to two renewals; unlawful use of a fixed term can lead to treatment as an indefinite contract. Probation may last up to six months for senior managers and three months for other workers, with shorter limits for some longer or shorter fixed-term contracts. Normal working time is generally limited to eight hours per day and 45 hours per week. Agriculture has a 44-hour weekly limit and may reach ten hours per day, while minors have a maximum of eight hours per day and 40 hours per week. Workers should receive a break no later than after five hours and one weekly rest day, normally Sunday. Night work runs from 20:00 to 07:00, and adapted night workers normally average no more than eight hours per day. Employers must display schedules and consult workers before changing them, with at least seven days for display or notification and communication to the Inspeção do Trabalho. Overtime is reserved for temporary workload, force majeure or the prevention of serious damage. It is generally limited to two hours beyond normal daily work and 175 hours per year, although a collective agreement may raise the annual limit to 200 hours. Employers must register overtime, obtain worker sign-off, keep the records for five years and submit reports to the Inspeção do Trabalho twice a year. Compensatory rest is calculated at 25% of the overtime hours. Work on a weekly rest day normally requires double pay and another rest day within three days. Part-time work may not exceed 75% of comparable full-time hours. The contract must state the daily or weekly schedule; without the required written terms, the work may be presumed full-time. Part-time workers receive proportional pay and benefits and must not receive less favorable treatment without a valid reason. Temporary conversion between full-time and part-time work requires a written agreement and may last up to three years with a right to return to full-time work. Workers have rights to safe conditions, effective employment, training and promotion, punctual pay, union membership, collective bargaining, meetings and participation, and lawful strike action. Employers may organize work, issue lawful instructions and apply discipline, but may not retaliate, dismiss without the required disciplinary procedure, make unauthorized deductions or maintain an unsafe workplace. Forced or compulsory work is prohibited, as are discrimination and harassment based on factors such as age, skin color, sex, union membership, political or religious belief, culture, social origin, nationality or disability. Equal work of equal value must receive equal pay. Annual paid leave has a basic minimum of 22 working days. The Code also provides a scale of 30, 24, 18 or 12 calendar days depending on the number of absences. During the first six months after hiring, leave accrues at two working days per month, up to 20 days. Holiday pay and the associated allowance must reach at least the base pay. Employers should prepare the holiday schedule by 15 April. The national minimum wage is set annually by the government after social dialogue; the reviewed sources do not establish a current amount, so no figure should be assumed. Salary may be paid in cash and, where allowed, partly in kind, but in-kind payment may not exceed the cash portion unless a collective rule provides otherwise. Deductions are generally limited to one sixth of pay, apart from statutory, social-security and judicial deductions. If salary arrears exceed 60 days, the worker may be able to suspend work or terminate the relationship after written notice to the employer and the Inspeção do Trabalho with at least 15 days' notice. The Fundo de Garantia Salarial can be relevant when protected wage claims remain unpaid. Employers must prevent workplace risks, provide health surveillance, maintain emergency and evacuation arrangements, prioritize collective protection and provide safety services. Workers have a right to leave work in the face of grave and imminent danger. Safety representatives are elected directly by secret ballot for a three-year mandate and receive five hours per month for their duties. The number of representatives ranges from three in workplaces with fewer than 300 workers to seven in workplaces with more than 1,500 workers. Work accidents and occupational diseases follow statutory compensation rules and require employer insurance under the applicable policy. Maternity leave lasts 90 days and paternity leave 15 days. The mother receives protection from harmful work, overtime, night work and certain travel or displacement, as well as paid breastfeeding or childcare breaks. The father may receive the mother's entitlement when she dies or cannot care for the child. A minor may generally be admitted from age 16 if compulsory schooling is completed and physical and mental fitness is established. Workers under 18 may not perform hazardous or developmentally harmful work, overtime or night work, subject to a narrow exception for workers over 16 with approval from the Direcção-Geral do Trabalho and a medical assessment. A worker from a CEDEAO or UEMOA country, or from a state with reciprocity, has equal access to work under the applicable rules. Foreign employment contracts must be written. The Direcção-Geral do Trabalho must be notified before work begins, and termination must be reported within 15 days. The law gives priority to equally qualified nationals where the relevant conditions apply. Domestic, rural, port, maritime, aviation, telework and apprenticeship arrangements have additional rules. Telework requires a written agreement, normally begins with a maximum three-year period, allows either party to exit during the first 30 days and places equipment, maintenance and related costs with the employer as specified by the regime. An indefinite contract can end by written resignation, normally with 30 days' notice for up to two years of seniority and 60 days for longer service. Notice for fixed or uncertain terms depends on the contract and its duration. A disciplinary dismissal requires written notice of the intended dismissal and the charges, at least ten working days for the worker's response, access to evidence and representation, and a written reasoned decision within 30 days. Five consecutive or ten intermittent unjustified absences in a year can constitute a serious absence trigger. A worker can challenge dismissal before the judicial court within one year; unlawful dismissal may result in reinstatement or compensation of 15 to 45 days of base pay and seniority for each year, with a minimum of three months. Workers may form unions without prior authorization and may organize sindicatos, delegates, sections, federations, unions, confederations and worker committees. Collective arrangements can include collective contracts, company agreements, adhesion, voluntary or compulsory arbitration and extension or minimum-condition regulations. Individual disputes, including unlawful termination claims, go to the judicial court. Public labor services can provide conciliation, mediation or arbitration, and collective conciliation services may summon the parties within a maximum of 15 days. General labor claims usually prescribe three years after termination, while holiday claims have a five-year period, overtime claims two years, work-accident and occupational-disease claims six years, and dismissal actions twelve months.