Employer in Equatorial Guinea

The Ministry of Labour, Employment Promotion and Social Security, the Dirección General de Trabajo, the Oficina Nacional de Empleo or Servicio Nacional de Empleo y Migraciones, provincial labour delegations, the Inspección de Trabajo y Seguridad Social, INSESO, the Magistratura de Trabajo and the Servicio Nacional de Mediación, Arbitraje y Conciliación Laboral each have different roles. No separate regional rule is evidenced for this country-level scope. An enterprise with at least one worker registers with the responsible Delegación Provincial de Trabajo. Job offers generally pass through the Oficina de Empleo. Direct recruitment must be reported or registered within seven days. An employer also sends personnel information to the Dirección General de Estadísticas Laborales each month. The employer registers the company and its workers with INSESO, normally submitting the tax identification number (NIF), commercial registration, identification or residence documents for management, the worker and salary list, and the company statutes. Registration is simultaneous where possible. The employer handles worker enrolment, departures and contributions; enrolment must occur no later than the eighth day. The reviewed material does not establish a current contribution rate, so no rate should be assumed. The researched departure rule refers to reporting from the first half of the month after employment ends and should be confirmed with INSESO. The standard employment arrangement is indefinite. A fixed-term contract normally lasts three months and may be renewed up to one year. Replacement of an absent worker is another recognised basis. A new or restructured activity with high employment needs may use one year plus one further year with Ministry authorisation. A work-or-service contract may last up to two years; continuing the work afterwards converts it to an indefinite arrangement. Part-time work requires a written agreement stating hours and their distribution, otherwise full-time work is presumed. An internship may last up to six months with Ministry authorisation. An apprenticeship lasts six months, while its agreement may run for up to twelve months and must provide at least half of the statutory minimum wage (SMI). A fixed-intermittent arrangement requires a written contract and INSESO registration. A temporary-work agency (ETT) assignment may last up to six months, while illegal labour supply is prohibited. Contractors and subcontractors may need social-security and labour-fund certificates; a client may withhold wages and can face joint liability. The employer may organise, direct and manage work, vary duties and working times within legal limits, regulate access, safety and discipline, and participate in employer associations. An internal workplace regulation requires Ministry approval. A written Alta Dirección agreement for senior management requires at least three months' notice; statutory working-time and representation rules do not apply to that arrangement in the same way. The employer must provide effective work, give instructions in official languages, and use another language only where it is officially authorised and workers receive the necessary training. Pay must arrive on time under the contract and law. The employer supplies tools and personal protective equipment (PPE), reimburses approved work expenses, protects dignity, issues an employment certificate free of charge and handles justified complaints without retaliation. Discrimination, hiring-related bribery, pressure against unions, harassment and unlawful deductions are prohibited. Workplaces must be safe and hygienic, with all required prevention measures paid by the employer. The employer provides instruction when a worker starts, changes position or uses new technology or substances. Medical checks occur at least every six months at the employer's expense. Risk prevention, protective clothing, medical or paramedical services and pharmaceutical support depend on the workplace risk. Occupational injuries and diseases must be reported without delay to INSESO and the relevant register. An absence exceeding three days also requires notification to the Ministry within eight days. Worker participation through a health and safety committee supports workplace safety. An inspector may stop work where an immediate danger threatens life or health. Normal limits are eight hours per day and 48 hours per week. Night work is limited to six hours per day and 36 hours per week, while mixed work is limited to seven hours per day and 42 hours per week. Offshore work may reach twelve hours, consisting of eight regular hours and four additional hours. Overtime is limited to two extra hours per day and is paid with a 25 percent daytime premium or a 50 percent night or mixed-work premium. Night overtime is restricted to a special case and requires express authorisation. Workers receive at least twelve hours between shifts and one rest day after six days. Annual paid leave lasts 30 days, may be divided into no more than two periods and may accumulate for no more than two years. Maternity, nursing and seven paid paternity days within 15 days after birth also affect scheduling. The SMI is set by government decree after consultation, but the reviewed primary material does not establish a reliable current amount. Variable pay may not fall below the equivalent time-based wage. A seasonal contract of six months or less carries a 25 percent supplement. Employers keep a salary register and an individual payment receipt. Annual bonuses include 15 days of pay for the national holiday and 15 days for New Year. Employee claims receive privileged treatment in insolvency. Workers may form or join unions and professional associations, bargain collectively and strike under the law. Arbitration and conciliation are available, and employer associations are permitted. Union leadership leave does not create an employer duty to continue paying the absent leader. Independent recognition practice for associations is not sufficiently evidenced, so formal rights and practical access should be distinguished. For an individual dispute, the Delegación de Trabajo attempts conciliation. Prior conciliation generally precedes court proceedings, with the Servicio Nacional de Mediación, Arbitraje y Conciliación Laboral involved through the delegations. The Magistratura de Trabajo follows if settlement fails. An employer gives written reasons for dismissal. Retaliatory or procedurally defective dismissal can lead to nullity, reinstatement and back pay. Employer notice is seven days after one month of service and 20 days after six months. The employer must issue an employment certificate. Seniority compensation is 45 days of wages per year, calculated proportionally. Ending a fixed-term contract without a valid basis can create damages for the remaining term. A substantial change based on proven economic, technical, organisational or productive reasons requires Ministry authorisation and consultation and may last no more than 18 months. Staff reductions require tripartite consultation. A mass dismissal requires prior Ministry authorisation and an inspection report regardless of the reason. An economic dismissal does not require reinstatement, but the researched rule provides compensation of at least three months under the applicable Delegado determination. Labour violations are classified as minor, serious or very serious, with stated fines of 50,000–100,000 FCFA, 100,001–250,000 FCFA and 250,001–500,000 FCFA. Repetition within one year can raise the classification. More than ten very serious violations in a year, or an immediate threat to life or health, can lead to closure or a work stoppage. INSESO administrative materials also publish social-security penalties from 100,000 to 10,000,000 FCFA and late charges from 3 to 20 percent; those figures should be checked against the applicable current practice. Ley 6/2026 and Ley 5/2026 are recent, so the consolidated text and transitional rules should be checked before relying on a filing deadline, approval requirement or sanction.