Congo Labour Code

www.Droit-Afrique.
com Congolese Labour Code
Congolese
Labour Code
Law No. 45-75 of 15 March 1975
[Please Note: The text that appears below includes updates of Laws No. 22-88 of 17
September 1988 and No. 6-96 of 6 March 1996]
Summary
Heading 1 – General Provisions............................................................................................1

Heading 2 – Labour Contracts...............................................................................................2
Heading 3 – Wages..............................................................................................................27
Heading 4 – Working Conditions........................................................................................32
Heading 5 – Hygiene and Safety of Medical Service..........................................................38
Heading 6 – Organizations and Implementation..................................................................42
Heading 7 – Professional Trade Unions...............................................................................53
Heading 8 – Resolution of Labour Disputes........................................................................59
Heading 9 – Penalties...........................................................................................................69
Heading 10 – Transitional Provisions..................................................................................74
Heading 1 - General Provisions
Article 1 – This Legislation establishes a Labour Code for the People’s Republic of the
Congo.
Article 2 – (Law No. 6-96) Within the context of this Code, whatever his/her designation and
nationality, any worker who has undertaken to subject his/her remunerated professional
activities to the supervision and authority of another individual or entity, whether public or
private, is considered a worker. In order to determine the type of worker involved, no account
shall be taken of the legal standing of the employer or the employee.
Individuals who are appointed to a permanent position within a public administration are not
subject to this Code.
However, Public Service Contractors shall be subject to it, insofar as the right to strike and
specific legal provisions are concerned, as in the case of those applying to Public Service
employees.
Workers shall continue to be entitled to benefits that have been granted to them, when said
benefits are more advantageous than those they would be entitled to under this Code and
where these provisions do not contradict other more favourable provisions that may apply to
them as a result of Collective Agreements or Individual Contracts.
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Article 3 – Any individual or entity, whether public or private, employing one or several
workers within the meaning of Article 2 is considered to be a company and is thus subject to
the provisions of this Code that relate to employers.
Article 4 – (Law No. 6-96) Forced or compulsory work is categorically forbidden.
The expression “forced or compulsory work” refers to any work which is demanded from an
individual under threat of a given penalty or for which said individual has not offered his/her
services of his/her own free will.
The expression “forced work” does not apply to work or service demanded during a war,
disaster, threat of disaster, natural catastrophe or epidemic and in general to any circumstance
likely to endanger the life of third parties or the normal living conditions of all or part of the
population.
The expression “compulsory work” does not apply to any work decided on and carried out of
its own free will by a collectivity whose goals are of direct interest to said collectivity, such as
the establishment or maintenance of communication routes, sanitation or cleanliness of
housing, provision of water, land rehabilitation or buildings intended for social, cultural or
economic purposes.
Heading 2 – Labour Contracts

Chapter 1 – Apprenticeship Contracts
Section 1 – Contents and Format of Apprenticeship Contracts
Article 5 – An apprenticeship contract is a contract by means of which the head of an

industrial, commercial or agricultural body, a craftsman or a maker/processor/turner
undertakes to provide or organize the provision of a methodical and complete program of
professional training to another individual and for which the latter individual agrees to
comply with the instructions he/she is given and complete the tasks asked of him/her with a
view to completing his/her apprenticeship.
Article 6 – The apprenticeship contract shall be established taking account of the customs and
traditions of the profession concerned.
In particular, it shall specify:

 The surname, given names, age, profession, domicile of the master or company
concerned;
 The surname, given names, age and domicile of the apprentice;
If the apprentice is a minor, the surname, given names, profession and domicile of his father
and mother, his guardian or the person authorized by his parents or failing this by the First
Instance Court Judge;
The date and duration of the contract, which shall be set in accordance with the customs of
the profession shall not exceed 4 years;
The remuneration, as well as any food and housing provided for the apprentice;
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Mention of the profession the apprentice will be taught, and, if applicable, any professional
training that the Head of the Company undertakes to provide for the apprentice, either inside
or outside the company.
Article 7 – Unless the apprenticeship contract is drafted in writing it shall be considered null
and void; it shall be signed by the master and the parents or the guardian of the apprentice if
he/she is a minor or by the apprentice concerned if he/she is an adult.
The apprenticeship contract shall be exempt from any stamp duty or registration fee. It shall
be subject to the approval of the Labour Inspector or his representative who, in particular:
 Shall demand that the master provide a medical certificate less than three months old
stating that the apprentice is physically able to undertaken the work required of
his/her chosen profession;
 Shall verify the identity of the apprentice and that the contract is in conformity with
prevailing applicable provisions;
 Shall check that the apprentice is free from any prior commitments;
 Shall have provided a copy of the contract and, if necessary, a translation thereof, and
if necessary, shall read it to them.
The master shall be responsible for obtaining approval of the contract.
If approval is refused, the apprenticeship contract shall automatically become null and void.
If the lack of approval is due to an omission by the master, the apprentice shall be entitled to
have the contract recorded as null and void, and shall be entitled to claim all legal and
regulatory entitlements applicable to wage-earners holding a standard work contract.
Section 2 – Conditions applying to Apprenticeship Contracts
Article 8 – No individuals may accept apprentices who are minors unless they are at least 21
years old.
Article 9 - No master shall house female minors at his personal domicile or in his workshop
as apprentices unless he is living with his family or in a community.
Article 10 – An individual who has had a sentence handed down against him/her for
committing a crime or a breach of good moral standards or for any offence whatsoever
incurring a sentence of at least 3 months’ imprisonment without suspension may not take on
any apprentices.
Article 11 – Apprentices shall be at least 16 years old. They are entitled to legal provisions
regarding the work of children and the regulations concerning weekly rest days, the protection
of workers, maximum hours of work, hygiene and safety, and compensation for any
workplace accidents.
Article 12 – Should an apprentice be employed only for tasks forming part of his/her training
and only during the time required for such training, he/she cannot claim any remuneration.
If, in the case of certain techniques or professions, apprenticeship results in financial loss for
the master, taking into account in particular the value of the raw materials used or wear and
tear of tools resulting from the apprentice being shown different working methods, the
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contract shall include a clause stipulating that the apprentice shall pay a certain amount to the
master, which shall not exceed half of the current minimum wage (SMIG).
As soon as the apprentice begins to carry out work from which the master can profit, the
apprentice shall be paid.
This remuneration shall take into account, on the one hand, the benefits that the apprentice
derives from learning the trade and on the other, the care and burden that this teaching
represents for the master; it may therefore be less than the current minimum wage (SMIG).
This amount shall be progressively increased in subsequent years of the apprenticeship so that
it becomes at least equal to the minimum wage (SMIG) in the course of the last year of
apprenticeship.
Labour inspectors shall have the widest powers in recommending levels of remuneration for
apprentices.
It may also be stipulated that, once the apprenticeship is completed, the apprentice shall
continue working for a specific period not exceeding 2 years as a salaried professional for his
former master, failing which, as a penalty, the apprentice shall pay a sum taking into account
the prejudice suffered by the master as a result of his early departure.
Article 13 – A period equal to eleven months of apprenticeship entitles the apprentice to one
effective month of rest.
Section 3 –Master and Apprentice Duties
Article 14 – The master shall warn the parents of the apprentice or their representatives
without delay in the case of illness, absence, or any other matter likely to concern them.
He shall only use the apprentice insofar as he/she is capable to perform tasks and services that
are linked to the practice of his/her profession.
Article 15 – The master shall treat the apprentice as if he were his/her father, ensuring that
he/she receives medical care if required and the best possible living conditions and food.
If the apprentice cannot read, write or count, the master shall allow him/her the necessary
time and freedom to learn, based on an agreement between the parties, however this time may
not exceed 2 hours per working day.
Article 16 – The master shall teach the apprentice the art, trade or specific profession that is
the subject of the contract, and do so progressively and completely.
At the end of the apprenticeship, the master shall provide the apprentice with a document
certifying the work carried out or the completion of the contract.
Article 17 – In the context of the apprenticeship, apprentices owe their master obedience and
respect. They shall assist them in their work insofar as their abilities and strength allow.
Once the apprenticeship is finished, the apprentice shall sit an examination before a
professional jury appointed by the Director of the Central Labour Office or, failing this, by
the Labour Inspector with two employers and two employees of the relevant profession, under
the chairmanship of a Technical Training Instructor or Professional Technician.
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If the apprentice successfully passes this examination, a certificate signed by the competent
authorities shall be issued to him/her stating the professional qualification obtained by the
apprentice.
Article 18 – At the conclusion of the apprenticeship, the apprentice shall make up for any
absence exceeding fifteen days1 due to sickness or for any other reason.
Article 19 – The recruitment of any young people under apprenticeship contracts as labourers
or employees while they are students or trainees in professional training centres or institutes is
subject to the payment of compensation to the head of the institution that the young person
has left.
Any new apprenticeship contract entered into before the obligations of a prior contract have
been fully discharged or legally terminated shall be considered null and void.
Section 4 – Termination of Apprenticeship Contracts
Article 20 – The first two months of apprenticeship are considered to be a trial period during
which the contract may be terminated by either party if they so desire.
Article 21 – Termination of an apprenticeship contract may occur within the full purview of
the law in the following situations:
 Death of the master or the apprentice;
 Military service of the master or the apprentice;
 Sentencing of the master to one of the penalties described under Article 10;
 Divorce of the master, death of his wife or of any other woman in the family who ran
the household at the time the contract was entered into, if the apprentices are female
minors.
Article 22 – The contract is considered to be terminated upon request from either party if:
 The provisions of this contract are not complied with or there is a serious and habitual
breach of the requirements of this Chapter and of other laws and regulations relating
to working conditions for apprentices;
 The master moves to another domicile;
 The company is sold or the master ceases his operations.
Termination may also be requested by the master if the apprentice reveals manufacturing
secrets, divulges a list of customers or commits a theft.
An illness making it impossible to continue the apprenticeship in the chosen profession or the
suspension of the apprenticeship for a period exceeding 6 months are also valid reasons for
requesting termination.
Article 23 – An unjustified breach of the apprenticeship contract shall give entitlement to the
payment of damages.
Proceedings for termination of an apprenticeship contract shall be initiated before

Employment Tribunals who shall set amounts of compensation amounts or restitution that
may be due to one or the other party.
1
Translator’s Note: In French, two weeks is commonly referred to as ‘fifteen days’.
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Section 5 – Control Measures for Apprenticeship Contracts
Article 24 – The master shall keep an apprenticeship record for each apprentice where he
shall note progress made by the apprentice during the training period; this record shall be kept
up to date and submitted to the Labour Inspector if he so requests.
This record shall show the date of signature of the contract and the date of termination of the
apprenticeship.
It is obligatory that, at the end of the contract, this record be handed over to the apprentice.
Article 25 – The Labour Inspector, or his representative, is responsible for verification that
the apprenticeship contract has been discharged; he may request the assistance of a technician
to ensure that the appropriate training has been provided to the apprentice.
He shall be notified of any termination of apprenticeship contracts.
Decrees by the Minister of Employment and Social Security, after consultation with the
National Consultative Labour Commission shall determine the types of companies for which
a specific percentage of apprentices is compulsory in relation to the total workforce.
Decrees by the Minister of Employment and Social Security may limit the number of
apprentices or suspend the right to train apprentices in those companies where professional
training is considered to be patently insufficient.
Chapter 2 – Individual Labour Contracts
Section 1 – Overall Provisions
Article 26 – An individual work contract reflects the will of an individual to discharge

tangible professional tasks under the direction and authority of another individual who
undertakes to pay him/her in exchange, usually in the form of money and referred to as
‘wages’.
Article 27 – Individual work contracts shall be entered into of a person’s own free will
provided they comply with the provisions of Article 28, in a format suited to the needs of the
Contracting Parties. Proof of this may be submitted by any means.
The written contract shall be exempt from any stamp duty or registration fee.
Article 28 – For economic, demographic or social reasons, and in particular in the interest of
public health and hygiene, bans or limitations on recruitment in certain areas may be decided
by Decree.
Article 29 – Whatever the location of the signing of the contract and the domicile of one or
the other party, any work contract entered into which is designed to take place in the People’s
Republic of the Congo is subject to the provisions of this Code.
The same applies to any work contract designed to be carried out subject to the legislation of
another country, but where implementation will take place partially in the People’s Republic
of the Congo for a period exceeding 3 consecutive months.
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Article 30 – Employees owe all their professional activities to the company, unless an
exemption is specified in the contract to this effect.
However, insofar as there is no agreement to the contrary, employees may undertake any
professional activities outside their hours of work provided they are not likely to compete
with the company or hinder the satisfactory discharge of their services as agreed.
Any clause of a work contract involving the forbidding of any activities whatsoever on the
part of employees at the end of said contract or in the case of a breach of the contract shall
automatically be considered legally null and void.
Article 31 – The format and conditions applying to individual work contracts shall be
determined by Decree of the Minister of Employment and Social Security, after consultation
with the National Consultative Labour Commission.
Section 2 – Termination and Execution of Labour Contracts
Paragraph 1 – Fixed and Non-Fixed Term Contracts
Article 32 – (Law No. 6-96) An individual shall only commit his services for a fixed period
specific task.
In the case of a fixed-term contract, the duration shall not exceed two (2) years.
When the contract comes to an end, such an extension converts said contract into non-fixed
term, notwithstanding any clause thereof forbidding such implicit extension.
Article 32 – 2 (Law No. 6-96) The following are considered to be fixed-term work contracts.
However, the following list is not exhaustive:
 1) A contract for the carrying out of a specific task or building or other project;
 2) A contract for a specific temporary increase in workload or a particular urgent
task;
 3) A contract to cover the temporary absence or suspension of the work contract of an
employee not resulting from collective work conflict;
 4) A contract covering an expected breach of a fixed-term contract by an employee;
 5) A contract covering the gap between the end of a fixed-term contract and the
starting date of a permanent employee due to replace the one whose contract has
expired;
 6) A contract pursuant to the legislative and regulatory provisions designed to favour
the recruitment of certain categories of the unemployed;
 7) A contract in the case of an employer providing additional training for a fixed
period under conditions set by decree for certain categories of individuals. This shall
be a fixed-term contract from the outset;
 8) A contract to fill those positions for which it is customary not to use fixed-term
contracts because of the type of work to be carried out and the inherently temporary
nature of such positions.
The activity sectors for which these contracts may be entered into shall be determined by
means of a Decree.
Article 32 – 3 (Law No. 6-96) Fixed-term contracts shall be in writing: failing this, they shall
be presumed to be for a non-fixed term. They shall include the following:
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 A precise description of the project involved;

 In the case of a situation covered by Article 32 – 2, 3rd paragraph above, the identity
and qualification of the worker to be replaced shall be specified;
 When the contract is for a fixed term, the date of expiry and, if applicable, a clause
enabling the duration to be extended, without such extension causing the contract to
exceed a period of two years;
 When it is not for a fixed term, the agreed duration;
 Designation of the position to be occupied or task to be carried out;
 The duration of the trial period;
 The method and modality of payment and the various components of this
remuneration.
Article 32 – 4 (Law No. 6-96) A fixed-term contract may include a trial period. Failing the
existence of agreed provisions for shorter periods, this trial period shall be set as follows:
 A maximum of two weeks for contracts lasting 6 months or less;
 1 month in all other cases.
Article 32 – 5 (Law No. 6-96) A fixed-term contract may only be renewed once for a period
less than or equal to the initial duration. In all cases, the total duration may not exceed two
(2) years, including renewals.
In all cases covered by sub-paragraphs 2 and 5 of Article 32 – 2, the duration of the contract
shall not exceed six (6) months, renewals included.
Article 32 – 6 (Law No. 6-96) When the contract includes a clause specifying a fixed term, it
shall only be extended for a period at least equal to one third of the initial duration. Any
extension to this period shall be the subject of a codicil.
Article 33 – (Law No. 22/88) All work contracts with Congolese nationals, involving
departure from the territory of the People’s Republic of the Congo shall be subject to the
approval of the Directorate General of ONEMO.
This approval shall only be granted on condition that:

 The employee is clearly identified and the fact that he freely consents has been
verified;
 The parties have been able to read the contract or had it read to them and, if need be,
had it translated;
 They have verified that, in the case of a fixed-term contract, this is specified clearly
and unambiguously;
 They have checked that a return transport ticket has been included in the contract.
If the approval referred to in this article is refused, the contract automatically becomes legally
null and void.
Paragraph 2 – Trial Recruitment Contracts
Article 34 – Trial recruitment contracts are drawn up when the employer and the employee,
before agreeing on a written or verbal fixed-term contract, wish to ascertain, firstly, the
quality of the services provided by the latter and his output, and, secondly, the working and
living conditions, remuneration, hygiene and safety as well as prevailing social climate.
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Unless a trial recruitment contract is in writing it shall be considered null and void. It shall
only be submitted for approval if it complies with the requirements of Article 33 above.
It may constitute a clause that is included in the body of a contract that is intended to become
final.
Article 35 – A trial recruitment contract may not be for a period exceeding the time required
to assess the work of the recruited employee, taking into account the techniques and customs
of the profession concerned.
In all cases, its duration shall not exceed 6 months, renewals included.
The time required to process the recruitment and travel time shall not be included in the
maximum duration of the trial period.
If this contract is terminated during the trial period by one or other party, the travel time of the
employee from the place of recruitment to the place of employment, and vice-versa, shall, in
all cases, be borne by the employer.
Article 36 – Extending the services once the trial recruitment contract has expired without the
drawing up of a new contract shall be equivalent to signing a non-fixed term work contract,
taking effect from the beginning of the trial period.
Section 3 – Termination of individual Labour Contracts
Paragraph 1 – Fixed-Term Contracts
Article 37 – (Law No. 6-96) A fixed-term work contract shall expire once the specified
duration has elapsed.
Article 37 -2 (Law No. 6-96) Termination may be requested by one of the parties if the other
does not discharge its obligations.
Article 37 – 3 (Law No. 6-96) Unless prior agreement has been reached between the parties, a
fixed-term work contract may only be broken before the agreed duration has elapsed in the
case of a serious offence or force majeure2.
Article 37 – 4 (Law No. 6-96) In the case of the employer breaking the contract, the worker
shall be compensated by the payment of all wages and benefits of all types that he/she would
have been entitled to if the contract had been respected until its expiry date, subject to
consideration by the competent authorities.
Article 37 – 5 (Law No. 6-96) Should the employee break the terms of the contract, the
employer shall be entitled to damages reflecting the prejudice he has suffered.
However, it is the responsibility of the employer to provide proof of any such prejudice. In
such an instance, he may proceed immediately to fill the position thus made vacant by
drawing up a new fixed-term contract.
2
Translator’s Note: Circumstances beyond one’s control
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Paragraph 2 – Trial Contracts
Article 38 – Unless there are provisions to the contrary in the contract, a trial recruitment
may, at any time, be terminated without notice by either of the parties.
However, the terminating party shall provide proof or motive as to the cause of dissatisfaction
to the Labour Inspector or the competent authority who shall verify the accuracy thereof.
Paragraph 3 – Non-Fixed Term Labour Contracts
Article 39 - (Law No. 6-96) A non-fixed-term work contract may be terminated at any time at
the express wish of either party.
Such termination shall be subject to notice from the terminating party; this notice shall not
coincide with leave.
If there is no Collective Agreement, a Decree by the Minister of Employment issued after

consultation with the National Consultative Labour Commission shall be required to
determine the conditions and duration of the notice, taking into account in particular the term
of the contract and the various professional categories.
Any termination shall be notified in writing and shall specify the reason for this termination.
In the case of individual or collective dismissal due to a decrease in the activities of the
company or internal reorganization, the employer shall inform the staff delegates in writing,
requesting their suggestions in relation to the dismissal measures it intends to put into place.
To this effect, he shall place all relevant documentation and information necessary to enable
an analysis of the situation at their disposal. The order of dismissal shall take into account
first professional qualifications, then the seniority of employees and finally the number of
their dependants.
Those workers exhibiting least professional ability for the positions being maintained shall be
dismissed first, and, if there are equal levels of professional ability, those individuals who
have been working for the company for the shortest time, seniority being increased by one
year for married workers and by a further year for each dependant child, after authorization
by the Dispute Resolution Committee chaired by the Labour Inspector, and pursuant to
legislation relating to family benefit provisions.
Any worker thus dismissed shall be considered to have priority for a period of one year in
terms of new recruitment in the same category of employment; he/she shall inform the
employer of any change of address occurring after leaving the company.
Decisions of the Dispute Resolution Committee may be appealed, either before the Minister
of Employment, or before the competent jurisdiction.
If termination is based on mutual agreement, only legal consent from the worker is required.
This consent shall be expressed in writing or by other means. In this case, the worker is
entitled to a leaving allowance, the amount of which is left to the discretion of the parties,
based on local custom; to this shall be added any legal or Collective Agreement compensation
resulting from the breaking of the contract.
Decrees from the Minister of Employment shall determine the remit and composition of the
Dispute Resolution Committee as well as the modalities and time frames for processing
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individual or collective cases of dismissal for economic or structural reasons as well as

termination of contract by mutual consent.
Article 39 - 2 (Law No. 6-96) The provisions of new Article 39 above do not apply in the
following cases:
 Compulsory legal settlement or receivership of the company;
 Liquidation of assets;
 Termination of operation due to conclusion of works, when the workers are under
contract for the duration of a given project.
Article 39 – 3 (Law No. 6-96) In the instances referred to in Article 39 – 33 above, the
employer or the manager shall speak to staff delegates, informing them of the planned dates
for dismissals.
Furthermore, any changes to dismissal schedules are only admissible after the Labour
Inspectorate has been informed of the company closure, pursuant to the provisions of Article
181 of this Labour Code.
Article 40 - (Law No. 6-96) During the period of notice, both the employer and the employee
shall respect all mutual obligations incumbent upon them.
With a view to seeking another job, employees shall be granted two free days of their choice
per week for which they will be paid full rates.
The party whose rights have not been respected shall be exempt from the remaining portion of
the notice period, without prejudice to any damages it may see fit to claim.
Article 41 - (Law No. 6-96) If the non-fixed-term contract is broken without notice or without
full respect of the notice period, the guilty party shall pay the company compensation. This
shall amount to the wages due plus any benefits of any kind that the employee would have
received during the full period of notice that has not been strictly complied with.
However, a dismissed employee who finds another position during the notice period may
leave his/her former employer without owing him any compensation whatsoever, provided
he/she gives 2 working days’ notice of his/her intention to leave permanently.
However, in the case of a serious offence, the contract may be broken without the usual
requirement for notice.
In such a case, the dismissal shall occur only after the employee has submitted his/her defence
to the employer. For this purpose, he/she may be assisted by a person of his choice. During
the period required for the employee to prepare his/her defence submission, which may not
exceed 30 days, all work relations shall be suspended.
Paragraph 4 – Common or Particular Provisions relating to the Termination of individual

Labour Contracts
Article 42 - (Law No. 6-96) Any unreasonable breach of the work contract shall result in the
employee being reinstated into the company.
The competent authorities shall confirm the unreasonable character of this breach by
undertaking an enquiry into its causes and circumstances.
3
Translator’s Note: It would appear that the correct reference is 39 – 2.
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Dismissals occurring without legitimate reason, as well as those motivated by the employee’s
opinions, trade union activities, membership or not of a political, religious or philosophical
group, or of a specific trade union shall be considered to be unreasonable. Such dismissals
shall result in the person being reinstated into the company.
In the case of a dispute, the responsibility for providing proof of the existence of a legitimate
reason for dismissal shall rest with the employer. The decision handed down by the
competent jurisdiction shall specify the reason alleged by the party breaking the contract.
Should the employer refuse to reinstate the employee, when setting the amount of damages
due, all the elements which might justify the existence and spread of the prejudice caused
shall be taken into account and, in particular:
 a) When the responsibility rests with the employee for prejudice suffered by the
employer as a result of the contract not having been respected;
 b) When the responsibility rests with the employer by reason of custom, type of
services, seniority of services, age of the employee and entitlements, for any reason
whatsoever.
These damages are apart from compensation for non-compliance with notice provisions, and
any dismissal compensation provided in the contract or Collective Agreement concerned.
Any dismissals based on a legitimate reason other than economic or structural, outside
prevailing legal procedures, in particular those set forth under Articles 41 and 176 of this
Labour Code shall be considered to be irregular.
In such an instance, the competent authority shall note the irregularity of the procedure and
decide either to review this procedure or to pay damages to the worker concerned.
Article 43 – When a worker who has wrongfully broken a work contract is recruited anew,
the new employer shall be liable out of solidarity for damages caused to the previous
employer in the following 3 cases:
 1) When it can be demonstrated that he played a part in the dismissal;
 2) When he recruits a worker he knew was already committed under a prior work
contract;
 3) When he continues to employ a worker, after learning that the latter was still
committed to another employer by a work contract. In this 3rd case, the new
employer’s liability shall cease if, at the time he was warned of this fact, the broken
contract has expired or, in the case of a fixed-term contract, is on the point of expiry,
or, in the case of a non-fixed-term work contract, if the notice period has expired or if
the recruitment of the worker is subject to the conditions set forth in Article 41.
Article 44 – In the case of termination before the expiry of a work contract subject to the
provisions of Article 33, the employer shall inform the authority before whom the contract
was entered into within a 15 day period.
Article 45 – If the employer’s legal position changes as a result of succession, sale, merger,
change in financial basis, or conversion into a new company, all current work contracts at the
time of the change shall remain in place between the new employer and the company’s staff.
Such contracts may only be terminated in accordance with and subject to the conditions set
forth in this Section.
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Except in the case of force majeure, should the company cease operation it shall still comply
with the rules set forth in this Section. Legal settlement and receivership are not considered
to be force majeure.
The parties may not renounce their right in advance to claim damages pursuant to the above
provisions.
Article 46 – Once the work contract has expired, the employer shall provide his employees
with certificates specifying the starting and finishing dates of the workers’ employment with
the company as well as the types and dates of the different positions held by the employees
over time.
This certificate shall be exempt from any stamp duty or registration fee, even if it includes the
words “free from any commitment” or any other expression that does not represent an
obligation or require the provision of a receipt.
Section 4 – Suspension of Individual Labour Contracts
Article 47 – (Law No. 6-96) A work contract shall be suspended in the following cases:
 a) If the company has closed down as a result of the departure of the employer to
serve in the military or for compulsory military service;
 b) During the period of military service of the worker and during his compulsory
military service;
 c) During the period of absence of the worker, in the case of illness duly verified by
an accredited medical practitioner, for a maximum period of six (6) months. This
period shall be extended until the worker is replaced;
 d) During a period when the worker is unavailable due to a work accident or
professional illness;
 e) During a period of preventative detention of the worker, maximum duration six (6)
months;
 f) During rest periods for women after childbirth (Article 113 of this Labour Code);
 g) During a strike or lock-out in compliance with prevailing legislation and
regulations;
 h) During the carrying out of trade union duties or selective duties requiring the full
time presence of the worker;
 i) During requisition in the national interest;
 1) During economically or technically motivated dismissals;
 j) Should the worker be made available;
 k) During suspension of the worker for disciplinary reasons or for his protection as
conservation measure (Article 176 of this Labour Code).
Article 48 – In the cases covered by sub-paragraphs a, b and c above, the employer shall pay
the worker an indemnity equal to the wages he/she would have been entitled to during the
period of absence, within the normal limits of notice.
If the contract is fixed-term, the limits of the notice to be taken into account are those
provided under Article 39 for non-fixed term contracts. In this instance, suspension may not
result in an extension of the initial term of the contract.
Article 49 – Unless otherwise agreed, the provisions of Articles 37 and 39 to 46 do not apply
to trial contracts.
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Section 5 – Economic and Technical Unemployment
Paragraph 1 – Economic Unemployment
Article 47 – 24 (Law No. 6-96) Economic unemployment is a suspension measure applying to

individual work contracts, initiated by the employer for economic reasons.
Article 47 – 3 (Law No. 6-96) Any employer wishing to make part or all of his staff
economically unemployed shall submit an economic and financial report to the Regional
Director of Labour to which is attached in writing the views of the business partners of the
company.
Article 47 – 4 (Law No. 6-96) The Regional Director of Labour shall call for a meeting of the
Dispute Resolution Committee at the latest within fifteen (15) days following the submission
of the request for economic unemployment; beyond this period, authorization is deemed to
have been granted.
Article 47 – 5 (Law No. 6-96) The Dispute Resolution Committee shall verify the accuracy of
the facts and authorize or refuse the measure requested.
Article 47 – 6 (Law No. 6-96) If the Dispute Resolution Committee authorizes such a
measure, it shall only be applied to the workers insofar as they have individually given their
prior consent.
Should the workers refuse to give their consent, the resulting breaking of the contract shall be
the responsibility of the employer.
Article 47 – 7 (Law No. 6-96) The duration of economic unemployment shall be three (3)
months, renewable once.
Article 47 – 8 (Law No. 6-96) Economic unemployment, without the authorization of the
Dispute Resolution Committee, or despite its refusal, shall be considered null and void.
Paragraph 2 – Technical Unemployment
Article 47 – 9 (Law No. 6-96) Technical unemployment is the suspension of individual work
contracts as a result of the material impossibility for the employer to provide work for all or
part of the company’s employees.
Technical unemployment may result, from a force majeure event or from an act of God,
exceptionally severe storms, problems with securing supplies of raw materials or electricity,
disaster, fire, or any other exceptional circumstances.
Article 47 – 10 (Law No. 6-96) An employer wishing to subject his staff to technical
unemployment shall, after seeking the opinion of the company’s business partners,
immediately inform the Regional Director of Labour; having verified the facts or causes
justifying such a suspension, the Director shall then call for a meeting of the Dispute
Resolution Committee within a maximum period of ten (10) days.
Article 47 - 11(Law No. 6-96) Technical unemployment shall not exceed six (6) months,
extensions included.
4
Translator’s Note: The numbering seems a little odd here.
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Paragraph 3 – Common Provisions
Article 47 – 12 (Law No. 6-96) During periods of economic or technical unemployment, the
employer may not reduce weekly the working hours, nor request overtime from workers
remaining in the company nor recruit new workers.
However, these periods shall be considered effective work time, when it comes to notice
rights and the amount of compensation for dismissal.
Article 47 – 13 (Law No. 6-96) A worker who has become economically or technically
unemployed shall receive from his employer monthly compensation equal to one third (1/3)
of his/her wages plus any additional benefits to which he/she is entitled.
He/she shall also be entitled to medical and pharmaceutical and other social security benefits
in accordance with the prevailing Collective Agreement.
Article 47 – 14 (Law No. 6-96) Should he/she find other employment, a worker who is placed
in a position of economic or technical unemployment may leave his/her previous employer
without owing him any compensation.
Article 47 – 15 (Law No. 6-96) Should economic or technical unemployment result in

dismissal, the basis for the calculation of the compensation that is due from the employer is
the salary received by the worker before economic or technical unemployment came into
effect. The same applies to the calculation of any premiums due during this period.
Article 47 – 16 (Law No. 6-96) Pursuant to Article 39, paragraph 8 of this Labour Code, the
decisions of the Dispute Resolution Committee relating to economic or technical
unemployment may be appealed.
Articles 48 and 49 – Please refer to Article 47 above [Note: Following the insertion of
Articles 47 - 1 to 47 – 16 as a result of Law No. 6-96, Articles 48 and 49 have been
erroneously placed under Section 5 “Economic and Technical Unemployment” whereas in
actual fact they refer to Section 4 “Suspension of Individual Labour Contracts”].
Chapter 3 – Collective Agreements
Section 1 – Type and Validity of Agreements
Article 50 – Collective work agreements relate to working conditions between, on the one
hand, representatives from one or several trade unions or professional associations of workers
and, on the other, one or several employer trade union organizations or other groups of
employers, or one or several individual employers.
Agreements may mention more favourable provisions for workers than those of the prevailing
legislation and regulations. They shall not however disregard the public order provisions
enshrined in these laws and regulations.
Collective Agreements shall determine their field of application, which shall be national,
regional or local.
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Article 51 – Representatives from trade union organizations or any other professional group
referred to in the above Article may negotiate contracts on behalf of the organization they
represent pursuant to:
 Either particular or statutory provisions of this organization;
 Or special deliberations of this organization.
Failing this, and in order to be valid, a Collective Agreement shall be ratified by a special
deliberation of this group.
Groups shall be responsible themselves for deciding how they deliberate.
Article 52 – A Collective Agreement may be for a fixed or non-fixed term. In the case of
fixed term, its duration may not exceed 5 years.
Unless there are provisions to the contrary, a Collective Agreement for a fixed term reaching
its expiry date shall continue to have effect as if it were a non-fixed-term agreement.
An agreement for a non-fixed term may be terminated by either party.
A Collective Agreement shall include provisions prescribing how and when it may be
terminated, renewed or reviewed. A Collective Agreement shall in particular include the
duration of notice to be given before it is rescinded.
A professional trade union or employer who is not a party to an agreement may become one
at a later time.
Article 53 – Unless a Collective Agreement is in writing it shall be null and void.
A Decree from the Minister of Employment and Social Security enacted after consultation
with the National Labour Consultative Commission shall determine the conditions under
which Collective Agreements shall be submitted and published, as well as the conditions
under which signatories may adhere to this agreement, as referred to in the last paragraph of
the above Article.
Unless they contain a provision to the contrary, Collective Agreements shall take effect from
the day following their submission under the conditions and in the locations specified by the
Decree referred to above. They shall be published without charge in the Official Journal.
Article 54 – All signatories to this Collective Agreement and all members of organizations
supporting this agreement as well as all those who, at one time or another, become members
of these organizations shall be subject to the obligations of this Collective Agreement.
When an employer is bound by the clauses of a collective work agreement, these clauses shall
apply to any work contracts he signs.
The provisions of this agreement apply to any company within the field of application of a
Collective Agreement, unless more favourable workers’ conditions are included in the
individual contracts they have signed.
Page 16 of 75
Section 2 – Extendable Collective Agreements and Extension Procedure
Article 55 – (Law 6-96) Upon request from one of the employer or employee trade unions
considered to be the most representative, or on his own initiative, the Minister of Employment
and Social Security shall convene a Joint Commission meeting with a view to finalizing a
Collective Agreement, in order to regulate relations between employers and workers in a
particular field of activity on a national basis.
A Decree of the Minister of Employment and Social Security shall serve to determine the
membership of this Joint Commission which shall include equal numbers of the most
representative trade union delegates representing the workers and of employers’ trade unions
most representative of employers, or, failing this, the employers themselves.
Additional agreements may be entered into for each of the main professional categories and
shall include the particular working conditions applicable to each category; these shall then be
discussed by the trade union representatives who best represent the categories concerned.
Should a Joint Commission be unable to reach agreement in relation to one or several of the
provisions forming part of the agreement, the Labour Inspector shall, at the request of one of
the interested parties, intervene in order to facilitate an agreement.
Article 56 – It is mandatory that Collective Agreements referred to in this section include

provisions in relation to:
 1) Free exercise of workers’ trade union rights and freedom of opinion;
 2) Wages applicable to each professional category;
 3) Modalities of implementation and rates for overtime, night work and public
holidays;
 4) Duration of trial and notice periods;
 5) Trade union offices;
 6) Provisions regarding review, amendment and rescinding procedures for all or part
of the Collective Agreement;
 7) Modalities for applying the “equal work, equal pay” principle in relation to women
and children;
 8) Paid leave, in particular its duration for workers recruited outside their place of
employment;
 9) Seniority bonuses;
 10) Dismissal allowances;
 11) Travel allowances and, if applicable, subsistence allowances;
 12) Recruitment and dismissal conditions for workers, without these provisions
affecting the worker’s free choice of trade union;
 13) Agreement procedures for resolving collective workplace conflicts occurring
between employers and workers bound by this Agreement.
They may also include, but this list is not exhaustive:

 1) Diligence bonuses;
 2) Responsibility allowances;
 3) An allowance for professional expenses and similar charges;
 4) Meal allowance for workers who eat on the job;
 5) General conditions for output bonuses in instances where these are applicable;
 6) An additional indemnity for arduous, dangerous or unhygienic work;
 7) If applicable, the organization and operation of apprenticeships and professional
training applicable to the activity under consideration;
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 8) Particular working conditions for women and young people in certain companies
within the field of application of this Agreement;
 9) Part-time positions for certain types of staff and their remuneration;
 10) The organization, management and funding of social and socio-medical services;
 11) Special working conditions; shift work, work during weekly rest days and public
holidays.
Article 57 – When a national Collective Agreement relating to a particular type of activity

has been agreed, Collective Agreements at a lower, regional or local level shall adapt this
agreement or some of its provisions to the specific working conditions applying at these lower
levels.
These agreements may include new provisions and more favourable clauses for the workers.
Article 58 – Upon request from one of the most representative trade unions or at the
initiative of the Minister of Employment and Social Security, the provisions of Collective
Agreements corresponding to the conditions established pursuant to this section may be made
compulsory for all employers and workers in the professional and territorial field of
application of this Collective Agreement, by means of a Decree enacted after consultation
with the National Consultative Labour Commission and consideration of their supporting
reasons.
The duration and conditions of this extension of the effects and penalties of a Collective
Agreement shall be as set forth in this Agreement.
However, after consultation with the National Consultative Labour Commission, the Decree
referred to in this Article may remove from this Agreement without changing its validity
those clauses which are not relevant to the type of activity and field of application considered.
Furthermore, any provisions contradicting prevailing legislation or regulations shall be

excluded from any such extension.
Article 59 – The Decree referred to in the Article above shall cease to apply once the
Collective Agreement no longer applies to the parties due to its rescission or non-renewal.
The extension of this Collective Agreement may be terminated or some of its provisions
cancelled by means of a Decree after consultation and consideration of their motivation with
the National Consultative Labour Commission, at the request of one of the signatory parties
or at the initiative of the Minister of Employment and Social Security, once this agreement or
its relevant provisions no longer reflect the situation of the type of activity in the territorial
field of application under consideration.
Article 60 – A Decree, enacted after consulting the National Consultative Labour

Commission, may, by default or while awaiting an agreement or a Company Agreement,
regulate working conditions for a specific profession based on the Collective Agreements
already in force.
Article 61 – Any plan to extend or rescind a Collective Agreement shall be preceded by

consultation with the professional bodies and all interested parties; this consultation shall take
place subject to the following conditions:
The plan to extend or rescind the extension of a Collective Agreement shall be notified free of
charge in the Official Journal (Non-official Section). The full text of this Agreement shall be
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attached to this notice. The text shall be notified to all trade unions and professional groups
concerned.
Before the expiry of a 45 day period following the date of publication of the notice in the
Official Journal, trade unions, professional groups and all interested individuals shall submit
to the Minister of Employment and Social Security any comments they may have in relation
to the clauses of the agreement being considered for extension or removal, and their opinion
regarding the appropriateness of extension or removal of all or part of these provisions, taking
into account the specific situation of the type of activity concerned.
Section 3 – Company Collective Agreements
Article 62 – Agreements concerning one or several specific companies may be entered into
between, on the one hand, an employer or a group of employers and, on the other,
representatives of the trade unions that best represent the staff of the company or companies
concerned.
Company Agreements aim to adapt national Collective Agreements to the specific conditions
applying to the company or companies concerned, in particular in relation to the conditions
governing the allocation and calculation methods of output bonuses, bonuses for individual
and collective productivity and general productivity bonuses.
They may include new provisions and categories that are more favourable to the workers.
Failing the existence of national Collective Agreements, Company Agreements shall only
relate to wage-setting and any associated payments.
The provisions of Articles 52, 53 and 54 apply to all agreements referred to in this article.
Section 4 – Collective Agreements in the Services Industry, Public Companies

and Businesses
Article 63 – When the staff of these services, public and private companies is not subject to a
specific legislation or regulations, Collective Agreements may be entered into in accordance
with the provisions of this Chapter.
Article 64 – When a Collective Agreement is the subject of a Decree with an extension, in

application of Article 58 above, insofar as there are no provisions to the contrary, this
agreement applies to the services, public and private companies referred to in this Section,
which, due to their nature and activities, come into its field of application.
Section 5 – Implementation of Collective Agreements
Article 65 – Groups of workers or employers bound by a Collective Agreement or agreement

as set forth in Article 62 above shall not do anything that could compromise its full
implementation. They are responsible for this implementation only insofar as set forth in the
agreement.
Article 66 – Groups able to initiate court proceedings, bound by a Collective Agreement as

set forth in Article 62 above may, on their own behalf, initiate proceedings for damages
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against any other group, their own members or any individuals bound by the agreement who
violate their contractual commitments.
Article 67 – Individuals bound by a Collective Agreement as set forth in Article 62 above

may initiate proceedings for damages against other individuals or groups bound by the same
agreement who violate commitments they have undertaken.
Article 68 – Groups able to initiate court proceedings, bound by a Collective Agreement as

set forth in Article 62 above may take all the measures covered by this agreement in favour of
their members, without requiring a mandate to do so from the individual or company
concerned, as long as said individual or company has been warned and does not object. The
individual or company concerned can always intervene in the proceedings initiated by the
group.
When proceedings arising from a Collective Agreement or agreement set forth in Article 62
above are initiated either by an individual or by a group, any group with the ability to initiate
proceedings and whose members are bound by this agreement may intervene in said
proceedings if resolving the dispute is in the best interest of its members.
Chapter 4 – Sub-Contractors
Article 69 – Sub-contracting is when a Contractor calls upon another Contractor to carry out
all or part of a given task or for the supply of services in exchange for a lump sum payment.
The Sub-Contractor shall himself recruit the workers he requires.
Article 70 – If the work is carried out in the Contractor’s workshops, stores or worksites, and
should the Sub-Contractor become insolvent, the Contractor shall cover all obligations due to
the workers and to the National Social Security Fund.
When work is carried out in a location other than the workshops, stores or worksites of the
Contractor, should the Sub-Contractor become insolvent, the Contractor shall be liable for the
payment of wages due to the workers and any premiums due to the National Social Security
Fund.
In such instances, the worker who has been wronged and the National Social Security Fund
shall have direct entitlements against the Contractor, who himself has entitlements against the
Sub-Contractor.
Article 71 – If a Sub-Contractor, whether or not listed on the Register of Commerce, carries

out work or has work carried out in workshops, stores or worksites other than those of the
main Contractor, he shall place in each of these workshops, stores or worksites a clear and
legible sign stating able to be read from a public road showing:
 His name and address;
 The fact that he is a Sub-Contractor;
 The name and address of the person who commissioned the work.
This information shall be communicated to the Labour Inspector as well as the type of work,
its likely duration and location.
Page 20 of 75
Even when applying the regulations, scales, wages, etc. of the main Contractor, the Sub-
Contractor shall put up regulatory signs on his own behalf.
Article 72 – The Contractor shall also keep an updated list of Sub-Contractors with whom he
has signed contracts.
Chapter 5 – Temporary Employment
Article 73 – (Law No. 6-96) For the purposes of this Section, any individual or entity
exclusively providing users with temporary workers on the basis of a recognized
qualification, shall be considered to be a Contractor of temporary or casual employment,
recruiting and paying appropriate wages to this effect.
The workers referred to in the above paragraph shall only be given short term assignments on
behalf of a user and only in the instances referred to in sub-paragraphs 1, 3, 5 and 6 of Article
32 – 2.
Article 73 – 2 (Law No. 6-96) A Temporary Employment Agency shall always respect
prevailing laws and regulations relating to trade professions and the provisions of Article 181
of this Labour Code.
Article 73 – 3 (Law No. 6-96) When a Temporary Employment Agency places a worker at the
disposal of a user, a contract binding the user to the Contractor shall be drawn up at the latest
within two business days following the worker being made available.
A contract drawn up for each individual worker shall:

 1) Mention the reason for which the temporary worker has been recruited; this shall
be accompanied by precise justification including the name and qualifications of the
worker being replaced;
 2) Determine the duration of the assignment;
 3) Include, if applicable, a clause relating to the possibility of modifying the duration
of the assignment;
 4) Specify the particular features of the position to be filled, professional
qualifications required, location and working hours of the assignment;
 5) Describe the type of individual protection equipment to be used by the worker and,
if applicable, specify whether this will be provided by the temporary employer;
 6) Show the total remuneration with details of its various components and if
applicable, any bonuses and associated payments that a worker with equivalent
qualifications in the same position would receive from the user company after the end
of the trial period.
Any clause forbidding the recruitment of temporary workers at the end of their assignment is
prohibited and shall not be considered as part of the written contract.
Article 73 – 4 (Law No. 6-96) The contract between the Temporary Employment Agency and
each of the workers placed at the disposal of a user shall be in written form and addressed to
the worker at the latest two business days after his being made available.
This contract shall include:

 1) A copy of the clauses and items referred to in Article 73 – 3;
 2) The worker’s qualifications;
Page 21 of 75
 3) The modalities of the wages due to workers, including details of the indemnity to
compensate them for the precariousness of their position;
 4) A trial period if applicable;
 5) A repatriation clause for the worker, the costs of which shall be borne by the
employer, if the assignment is takes place outside the national territory; it shall also
guarantee the wages, transport and housing conditions, location of implementation of
the contract, etc. This clause shall become obsolete if the contract is broken by the
worker.
 6) The registration number of the Temporary Employment Agency with the National
Social Security Fund.
Should the worker bound by a temporary employment contract work as a certified medical or
paramedical practitioner, the Temporary Employment Agency shall verify that he/she is
officially accredited to practice this profession.
The total duration of the contract, including renewals, shall not exceed 24 months.
Article 73 – 5 (Law No. 6-96) In accordance with the Collective Agreements applying to the
type of activity of the user, the wages that the worker shall receive while bound by a
temporary employment contract may not be less than that set forth in Point 6 of Article 73 – 3
above.
Article 73 – 6 (Law No. 6-96) For the duration of the assignment, the user is responsible for
the conditions in which the work is carried out, as set forth in the legislation, regulations and
agreements applying to the worker’s place of employment.
For the purposes of application of the previous paragraph, the conditions for carrying out the
work include working hours, night work, weekly rest days, public holidays, hygiene and
safety, as well as women’s, children’s and young people’s work.
Obligations in relation to workplace medicine shall be borne by the Temporary Employment

Agency, pursuant to the modalities set by Decree. Workplace medicine shall be the
responsibility of a medical service which shall be subject to specific approval.
Should the activity undertaken by a temporary worker require specialized medical supervision
as set forth in the regulations applying to workplace medicine, resulting obligations shall be
borne by the user.
Individual protection equipment shall be provided by the user. However, certain customized
items of personal protection as set forth in the Collective Agreement may be supplied by the
Temporary Employment Agency. Temporary workers shall not bear the financial cost of
these individual items of protection equipment.
The Temporary Employment Agency is liable for any damages caused to the user by
temporary workers for the duration of their assignment.
Article 73 – 7 (Law No. 6-96) A Temporary Employment Agency who breaks the contract of
a temporary worker before the full term set forth in the contract shall offer the latter a new
work contract coming into effect within a maximum period of three business days, unless the
break is due to a serious offence on the part of the worker or force majeure.
The new contract shall not contain any substantial changes in terms of qualifications,
remuneration, working hours or travel time.
Page 22 of 75
By default, if the new contract is for a shorter period than the remainder of the original
contract, the Temporary Employment Agency shall give the worker remuneration equivalent
to what he/she would have received until the end of the original contract.
However, when the period remaining is longer than four weeks, the obligations referred to in
the previous paragraphs may be fulfilled by means of no more than three successive contracts.
Rescission of the contract by the worker shall give the right to damages commensurate with
the prejudice suffered, in accordance with Article 37 – 5 of this Labour Code.
Article 73 – 8 ((Law No. 6-96) Temporary Employment Agencies shall, at all times, provide
a financial guarantee through a financial institution ensuring that the following are paid,
should they fail to do so themselves:
 Wages and any additional benefits;
 Indemnities resulting from this Section;
 Compulsory Social Security premiums;
 If applicable, any amounts that the employer is bound to pay these institutions.
Should the financial guarantee be insufficient, the user shall take the place of the Temporary
Employment Agency and pay the amounts due to the workers or to the social security
institutions to which they belong, and this for the full duration of the assignment.
Upon request, temporary employment Agencies shall provide users with a certificate from
social security institutions specifying their position in relation to the recovery of any
premiums due to these organizations.
The conditions governing the application of this article, in particular those relating to default
by the Temporary Employment Agency, or the coming into effect of the financial guarantee,
or the subrogation of institutions providing this financial guarantee within the entitlements
and shares of the workers, or the replacement of the Temporary Employment Agency by the
user, as well as templates of the certificates referred to above shall be determined by means of
a Decree by the Minister of Employment.
Article 73 – 9 (Law No. 6-96) The financial guarantee to be paid under the above Article
shall be calculated as a percentage of the opening capital. This amount shall be reviewed
every year as a result of variations in the company’s turnover.
A Decree enacted after consultation with the National Consultative Labour Commission shall
determine the rules applying to the financial guarantee required from Temporary Employment
Agencies and to the substitution of the final user of temporary work, should the agency
default.
Article 73 – 10 (Law No. 6-96) The Temporary Employment Agency shall keep a certificate
issued for the financial guarantee and providing the name and address of the person
concerned, the amount, the date of coming into effect and expiry of the financial guarantee
thus granted, and do so for each of its establishments.
This financial guarantee certificate shall be placed at the disposal of the competent Labour
Inspector and the inspectors of Social Security and other social institutions.
Within a period of ten days from the date of issue or renewal of the financial guarantee, the
Temporary Employment Agency shall send a copy of this certificate to the Regional
Page 23 of 75
Employment Office and the National Social Security Fund for each of the establishments
concerned.
Article 73 – 11 (Law No. 6-96) Temporary employment Agencies shall ensure that the name
and address of the financial guarantor appears on all their paperwork, including employment
contracts, as well as the references quoted in Article 73 – 8.
The same information, along with the date of coming into force and expiry of the financial
guarantee shall be visibly displayed in the company’s premises.
Article 73 – 12 (Law No. 6-96) The statement mentioned in Article 73 – 2 shall include the
following information:
 a) Details of the operation under consideration, such as the opening of a Temporary
Employment Agency, a branch, agency or subsidiary, moving of headquarters or
cessation of operations;
 b) The name, headquarters and legal standing of the company as well as, if
applicable, the location of the branch, agency or subsidiary;
 c) The start date of the operation under consideration;
 d) The surname, given name, domicile and nationality of the Director/s of the
company, branch, agency or subsidiary;
 e) The designation of the institution to which the Temporary Employment Agency
pays Social Security contributions and their Employer Number;
 f) The geographical and professional areas in which the company plans to place
temporary workers at the disposal of users;
 g) The number of permanent workers that the company has or intends to have in order
to run its own business.
This statement, which shall be dated and signed by the Head of the company, is to be sent in
duplicate by registered post to the competent Labour Inspector.
It shall also be sent in duplicate to the Labour Inspector in charge of the area in which the
branch, agency or subsidiary that is scheduled to open is located.
Article 73 – 13 (Law No. 6-96) Once he has ensured that the statement is in conformity with
the provisions of new Article 73 above, the Labour Inspector shall sign and stamp the
document and return a copy to the sender within fifteen days5 following the date of receipt of
the statement.
A Decree by the Minister of Employment shall determine the types of information relating to
the contract that shall appear in the summary statement as well as the frequency and how this
information shall be presented.
Article 73 – 14 (Law No. 6-96) Temporary Employment Agencies shall provide

administrative authorities and the Labour Inspectorate with a summary statement of the work
contracts referred to in Article 73 - 4 above that they have entered into with their workers.
A Decree by the Minister of Employment shall determine the types of information relating to
the contract that shall appear in the summary statement as well as the frequency and how this
information shall be presented.
5
Translator’s Note: In French, ‘fifteen days’ is the common expression for two weeks, as mentioned previously.
Page 24 of 75
Article 73 – 15 (Law No. 6-96) For the purposes of Article 73 – 13, Temporary Employment
Agencies shall, during the first eight days6 of every month, send the Regional Labour Director
and the relevant National Employment and Labour Bureau for his branches, agencies or
subsidiaries a list of the work contracts entered into during the previous month or months
which have expired or were still current during the previous month. This summary statement
shall be based on the official template contained in the Decree of the Minister of Employment
and shall include, for each company:
 1) Its official name, address and main field of activity;
 2) For each worker placed at the disposal of the company, their surname, given name,
gender, date of birth, the postcode of the municipality in which they are domiciled,
their nationality, professional qualifications as listed in the assignment contract, and
for each assignment completed by the worker during the month, the starting and
finishing date of this assignment, and, for ongoing assignments, the starting date of
the assignment.
A separate summary statement shall be drawn up for each user company with one or several
separate page/s for each region where workers are domiciled.
At the request of the Regional Labour Director, the Temporary Employment Agency shall
provide the address of the worker/s referred to in the paragraph below.
Article 73 – 16 (Law No. 6-96) Should a Temporary Employment Agency carry out its
activities without submitting the summary statements mentioned in Article 73 – 2, or without
having obtained the financial guarantee mentioned in Article 73 – 8, resulting in the
temporary worker facing a serious risk of prejudice, the President of the Court of First
Instance, shall be notified by the Labour Inspector after the latter has sent him an
unsuccessful statement of offence, may order the closure of the company for a period not
exceeding two months.
Should these measures lead to the dismissal of the company’s permanent staff, the latter shall
be entitled to notice and dismissal compensation.
Article 73 – 17 (Law No. 6-96) For the purposes of the application to user companies of the
legislative or regulatory provisions relating to staff numbers, with the exception of those
referring to the calculation of accident and professional sickness risks, staff numbers shall be
calculated by adding to the permanent staff the average number of temporary workers per
working day under contract during the month concerned.
Article 73 – 18 (Law No. 6-96) The minimum period during which non-permanent workers
shall be said to have been working for the Temporary Agency shall be calculated by adding
together the periods during which these workers were bound to their employer by temporary
employment contracts.
Article 73 – 19 (Law No. 6-96) The number of workers employed by Temporary

Employment Agencies shall be calculated by adding to the number of permanent staff the
average number of workers per working day under temporary contract for the fiscal period.
Chapter 6 – Company Rules
6
Translator’s Note: In French, one week is commonly referred to as ‘eight days’.
Page 25 of 75
Article 74 – Company Rules are required for all types of companies, whether they are
dependent on a private company or part of the public service.
Article 75 – Draft Rules shall be drawn up by the employer, and shall exclusively relate to
the rules governing the technical organization of work, discipline, hygiene and safety
requirements needed for the company to run smoothly.
All other clauses they may contain, and in particular those relating to remuneration, shall be
considered to be null and void, with the exception however of those relating to the withdrawal
of amounts for the wages of those workers who are not present on payday.
Before they can be put into effect, the head of the company shall submit these Rules to the
trade union office, if applicable, so that they can be studied and discussed, and to the Labour
Inspector who may order the removal or amendment of those provisions contrary to the
prevailing legislation and regulations.
A Decree by the Minister of Employment and Social Security, after consultation with the
National Consultative Labour Commission, shall determine the modalities of communication
applying to the submission and display of these Rules, as well as the number of staff above
which such Rules shall be compulsory.
Article 76 – The issuing of fines by the employer is prohibited.
Chapter 7 – Securities
Article 77 – Any Contractor who obtains security from a staff member pay in the form of
money or shares shall provide receipts and enter the details thereof in the Employer Register
mentioned in Article 182 and deposit them within a one month period of one month from the
date of receipt.
These securities shall also be recorded in the Employer Register and accounted for in a
certificate placed at the disposal of the Labour Inspector.
A Decree by the Minister of Employment and Social Security, after consultation with the
National Consultative Labour Commission and the Minister of the National Economy, shall
determine the modalities of this security, as well as the list of public funds and banks
authorized to receive such securities. Savings Banks shall accept such securities and issue a
special booklet distinct from the one the worker may already hold or subsequently acquire.
Article 78 – The withdrawal of all or part of the deposit shall only occur with the dual
consent of the employer and the worker, or that of either of them, duly authorized to do so by
a decision of the competent court.
Article 79 – The placing of this booklet or deposit with the securities of the persons
concerned shall entail their privileged access to any amounts deposited for the benefit of the
employer and with regard to any third parties, should they undertake seizures or warrants of
the employer’s assets. Any seizure or warrant by the administration of the public fund or
bank shall be null and void.
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Heading 3 – Wages
Chapter 1 – Setting of Wages
Article 80 – When working conditions, professional qualifications and productivity are equal,
wages shall be the same for all workers, regardless of their origin, gender, age or status.
In all instances where working conditions and operations allow, a monthly wage figure shall
be set.
The necessary provisions shall be enshrined in Collective or Company Agreements.
Article 81 – When workers are moved from the place where they were recruited by the
employer, the latter shall house them or pay them compensation.
In the instances where workers are unable by their own means to obtain basic food supplies
for themselves and their family, the employer shall provide these, pursuant to the provisions
of Article 83 or shall open a grocery account for them, pursuant to the provisions of Article
103.
Article 82 – The conditions governing the granting of distance or subsistence allowances to

those workers recruited away from their place of employment shall be determined by
Collective Agreement or Individual Labour Contract.
An allowance shall be paid to workers if, due to professional obligations, they have to travel
occasionally or temporarily outside of their usual place of employment. The amount of this
allowance referred to as “travelling allowance” shall be determined by a Collective
Agreement or by an Individual Contract, or failing this, by prevailing regulations.
Article 83 – Decrees enacted after consultation with the National Consultative Labour
Commission shall determine the following:
 Minimum guaranteed inter-professional wages (SMIG) and, failing the existence of
Collective Agreements or if they contain no provisions in this regard, minimum
wages per professional category, as well as minimum rates for overtime and night
work or public holidays and, if applicable, seniority and diligence bonuses;
 The maximum amount for the reimbursement of housing costs and the conditions
thereof, in particular in terms of hygiene and to ensure the protection of women and
young women not living with their families;
 The regions and categories of workers for whom a daily ration of food is compulsory,
the maximum amount for reimbursement of this, details of the weight and type of
basic foodstuffs to be provided, and the conditions of its supply.
Article 84 – The remuneration of piece work by task or piece of work shall be calculated so
that it provides an average worker, working normal hours, with remuneration at least equal to
that of a worker paid per hour performing similar work.
No wages shall be paid if the worker is absent, unless the instances set forth in the prevailing
regulations or an agreement between the parties apply.
Article 85 – Minimum wage rates, as well as rates for piece work or for a number of pieces of
work shall be displayed in the employers’ offices and in the locations where the staff is paid,
after approval by the Labour and Social Legislation Inspector whose stamp shall be apposed
on them.
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Article 86 – When wages for services are composed, fully or in part, of commissions or
bonuses and services, insofar as these do not refer to reimbursement of expenses incurred,
calculation of wages due shall include for paid leave, notice and dismissal compensation and
damages shall take these into account.
The amount to be used as a basis for this calculation shall be the average amount of the
components referred to in the paragraph above.
However, the period used for calculation shall not exceed twelve months prior to the
completion of the work.
Chapter 2 – Payment of Wages
Section 1 –Wage Payment Modalities
Article 87 – Wages shall be paid in legal currency, notwithstanding any provision to the
contrary.
Payment of all or part of the wages in the form of alcohol or alcoholic drinks is strictly
prohibited.
Payment of all or part of the wages in kind is also prohibited, and subject to the provisions of
Chapter 1 above.
Except in the case of force majeure, wages shall be paid at the place of employment or at the
offices of the employer, when located near the place of work. They shall not be paid in a
bottle shop or bar, unless employees are carrying out work there, nor shall they be paid on the
worker’s rest day.
Payment of wages shall occur during business hours when these coincide with the normal
operating hours of the cashier.
Article 88 – Except for those professions for which custom dictates a different frequency of
wage payment, to be determined by Decree of the Minister of Employment and Social
Security, after consultation with the National Consultative Labour Commission, wages shall
be paid at regular intervals not exceeding fifteen days7 for workers hired on a daily or weekly
basis, and not exceeding one month for workers hired on a fortnightly or monthly basis.
However, workers hired on an hourly or daily basis for a short term shall be paid every day at
the end of their working hours.
Monthly payments shall be made at the latest eight days8 after the end of the month for which
the worker is being paid, and fortnightly or weekly payments shall be made 4 days after the
fortnight or week for which the workers are being paid.
For any piece work or work based on output due to extend over a fortnight, payment dates
shall be set from one period to the next, but every fortnight, the worker shall receive an
instalment equal to at least 90% of the minimum wage, the remainder being paid during the
fortnight following final completion of the work.
7
Translator’s Note: In French, the term used is ‘fifteen days’ as explained previously.
8
Translator’s Note: In French, the term used is ‘eight days’, as explained previously.
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Commissions received in a given three month period shall be paid within three months of the
end of this period.
Any participation in profits earned during a fiscal period shall be paid within nine months of
the end of this fiscal period.
Should the contract be rescinded or broken, wages and indemnities shall be paid upon the
cessation of services. However, should a dispute arise, the employer may obtain from the
President of the Employment Tribunal the temporary freezing of all or part of the seizable
portion of monies due.
In accordance with the Rules of the establishment concerned, workers who are absent on pay
day may draw their wages during the normal operating hours of the cashier.
Article 89 – By way of a waiver to the provisions of the first paragraph of the Article above,
companies comprising over 50 workers are authorized to pay workers whose wages are
calculated on an hourly or daily basis at monthly intervals, as long as an instalment
representing at least one third of the previous month’s wages is paid to them every fortnight.
Workers employed by public services and institutions shall be paid once a month.
Article 90 – The payment of wages shall be recorded in a document certified by the employer
or his representative and initialled in the margin by the worker concerned or by two witnesses
if the worker is illiterate. These certified documents shall be kept by the employer along with
his accounts and shall be available for inspection by the Labour Inspectorate upon request.
Unless a dispensation has been granted by the Labour Inspector, upon paying their wages,
employers shall issue individual payslips to the workers. These wage payments shall be
recorded in a special register called “Pay Book”.
The format of the “individual payslip” and “Pay Book” shall be determined by Decree by the
Minister of Employment and Social Security, after consultation with the National
Consultative Labour Commission.
The words “in full payment of account” or an equivalent expression shall not be written on
the payslips even if initialled by the workers, either during the carrying out of the work or
after their work contracts have been rescinded, as this would signify that the workers thereby
relinquish all or part of their entitlements under their work contract.
The fact that workers accept an individual payslip without protesting or expressing
reservations shall not constitute relinquishment on their part of all or part of their wages,
bonuses and indemnities of any kind to which they would otherwise be entitled, pursuant to
prevailing legislation, regulations or contract provisions. Nor shall this fact signify that their
account is finalized and fully paid within the meaning of the Civil Code or Civil Procedure
Code.
Except in a case of force majeure, should a dispute arise as to the payment of wages, bonuses
or indemnities of any kind, non-payment of these shall be irrefutable if the employer is unable
to produce the pay book duly initialled by the worker in question or by the two witnesses
regarding the contested entries or to show the payslip relating to the disputed payment.
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Section 2 – Privileges and Guarantees related to Unpaid Wages
Article 91 – (Law No. 6-96) For the purposes of the provisions of this Section, wages include
basic wages, leave entitlements, bonuses, and all indemnities except for dismissal
compensation.
Article 92 - (Law No. 6-96) Up to the amount of the privileged-from-seizure portion of the
wages such as may arise pursuant to Article 101 of this Labour Code, workers’ unpaid wages,
dismissal compensation and damages for the wrongful breaking of the work contract have a
privileged status in relation to all other general or special privileges, this status relates to the
assets and buildings of the employer who has incurred the debt.
This privileged status relates to the employer’s assets, in goods, property or real estate.
Article 93 – Should legal settlement or receivership occur, the amounts set aside by the
Finance Department subsequent to the payment cessation date and relating to the orders due
to the employer are to be added to the total.
Article 94 – At the latest 10 days after the declaration of receivership or legal settlement, or
by simple order of the Judge, the trade union or liquidator shall pay all entitlements owed to
the workers.
Should there be insufficient funds to discharge these debts, as set forth in Article 92 above,
they shall be paid out of the first incoming revenue, prior to any other debt being settled.
Article 95 – Should these debts be paid by means of an advance payment from the trade
union or the Receiver or any other individual, the lender is thereby subrogated with the
entitlements of the worker and shall be reimbursed without any other debtor being able to
oppose this.
Article 96 – Workers housed by the employer before legal settlement or receivership shall
continue to be housed until the date of payment of the last remaining debt or, if applicable,
until the date of departure of the means of transport placed at their disposal to return them to
the place of their recruitment.
Article 97 – Workers holding the item they have worked on may exercise their right to retain
it, subject to the conditions set forth by the prevailing legislation.
Moveable objects given to workers for them to work on, create, repair or clean that have not
been collected within a period of one year may be sold subject to the conditions and
modalities determined by prevailing legislation.
Article 98 – Amounts due to Contractors for all types of public works shall not be subject to
seizure, nor shall they be disputed to the detriment of the labourers to whom wages are owed.
Unpaid labourers’ wages shall be given priority and shall be paid before any monies owing to
suppliers.
Section 3 – Time Limitations for Payment of Wages
Article 99 – The payment of wages, various indemnities, bonuses, commissions or benefits or

indemnities relating to such benefits shall take place within a period of one year.
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This period shall start from the date upon which the wages or associated payments became
due. It shall be suspended in the case of a verbal or written complaint by the worker to the
Labour Inspectorate, or when an account is closed, scheduled in terms of taxation office rules,
or is an obligation under a current court order.
Chapter 3 –Wage Deductions
Article 100 – Compulsory deductions and deposits scheduled in Collective Agreements or

Individual Labour Contracts may be subject to deductions from wages.
The reimbursement of advances from the employer to the worker shall not be deducted from
his/her wages unless this is pursuant to seizure or an agreement willingly entered into before a
Magistrate at the place of domicile or before the Labour Inspector.
However, if the location of the Magistrate or Labour Inspector is at a distance of over 50

kilometres, mutual written consent may be submitted to the nearest Administrative Office.
The ceiling for loans or advances on wages consented by the employer to the worker shall not
exceed two month’s wages, unless there is an agreement to the contrary in accordance with
paragraphs 2 and 3 above.
Instalments paid for ongoing work are not considered to be advances.
Unless there is a legal decision to the contrary, no compensation may be paid to benefit
employers that would be taken out of the gap between the amounts of remuneration or wages
owed to the workers and the amounts due to themselves.
Commission shall determine the portions of the wages subject to progressive deductions and
the applicable rates. The deductions referred to in the previous Article shall not exceed the
rates set by Decree.
When calculating the deductions, account shall be taken not only of the wage amount itself,
but also of all associated amounts, with the exception however of those indemnities
considered privileged-from-seizure by prevailing regulations and relating to amounts covering
workers’ expenses or allowances for family dependants.
Article 102 – Should the provisions of an Agreement or Contract authorize any other types of
deduction, these shall be considered null and void.
Amounts withheld from the worker contravening the above provisions shall bear interest in
favour of the worker at the legal rate from the date upon which they should have been paid
and may be claimed by him/her until expiry, the interest however being waived during the
period of the contract.
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Chapter 4 – In-house Stores
Article 103 – An in-house store is a store where the employer directly or indirectly sells or
has somebody sell on his behalf goods to the workers of the company for their personal and
everyday needs.
In-house stores are authorized subject to the following three conditions:

 a) That the workers are not forced to purchase their supplies there;
 b) That the sale of goods is for cash and at cost price i.e. not for profit;
 c) That the accounts of the in-house store are entirely separate.
The sale price of goods shall be legibly displayed.
Any commerce on company premises is subject to the above provisions, with the exception of
labourers’ cooperatives.
The sale of alcohol and spirits is prohibited in in-house stores and in the workers’ place of
employment.
Article 104 – The opening of an in-house store shall be governed by the provisions of the
previous Article and is subject to an authorization from the Minister of Employment and
Social Security issued after consultation with the competent Labour Inspector and with the
Minister of the National Economy.
Such a store may be required by the Minister of Employment and Social Security, on the basis
of a proposal from the Labour Inspector and after consultation with the Minister of the
National Economy.
The operation and the accounting of in-house stores shall be subject to the supervision of the
Labour Inspector who may order the closure of these stores in the case of verified abuse.
The Minister of Employment and Social Security may order the permanent closure of the
company’s in-house store/s, based on a report from the Labour Inspector and after
consultation with the Minister of the National Economy.
Heading 4 – Working Conditions

Chapter 1 – Working Hours
Article 105 – In all public or private non-agricultural establishments, including teaching

institutions and charity organizations, the legal working hours for employees or workers,
whatever their gender, age, and whether on an hourly rate or piece of work rate or rate for a
given number of pieces of work, may not exceed forty hours per week.
In all agricultural businesses, working hours shall be based on a total of 2400 hours per year.
Within this limit, weekly hours may vary according to the season and region and shall be
determined by Decree after consultation with the National Consultative Labour Commission.
However, exemptions from the legal working hours may be authorized, subject to conditions
determined by Decree after consultation with the National Consultative Labour Commission.
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Decrees subject to the same conditions shall determine for each type of activity or
professional category, if applicable, the modalities of application of working hours and any
exemptions as well as the maximum duration of overtime allowed.
Any hours extending beyond legal working hours shall give rise to an increase in wages.
Chapter 2 – Night Work
Article 106 – Work carried out between the hours of 8 pm and 5 am is considered to be night
work.
Article 107 – The duration of night work may not exceed eight consecutive hours.
Article 108 – In factories, processing plants, mines, mining companies, worksites, workshops
and associated premises, women shall not be employed as night workers.
When, due to exceptionally stringent economic conditions, the general public interest so
requires, the prohibition of women’s night work may be lifted on the proposal of the Minister
of Employment and Social Security, by Decree, and after consultation with the most
representative employer and employee organizations concerned.
Article 109 –Off-duty time for women shall be eleven consecutive hours minimum.
It shall include the night work hours specified in Article 106.
Article 110 – In those industries where work relates to substances that are highly perishable
or likely to spoil, a temporary exemption from the provisions of the first paragraph of Article
108 applying to adult women may be granted, subject to advance notice being given.
Company Directors shall however inform the competent Inspector of Labour and Social
Legislation before resorting to such an exemption.
Article 111 – Permanent exemptions to the provisions of Articles 107, 108 and 109 may be
authorized by Decree enacted after consultation with the National Labour Commission for
those women responsible for hygiene and wellbeing on worksites and who do not as a rule
perform manual tasks.
Chapter 3 – Women’s and Children’s Work
Commission shall determine the type of work prohibited for women and pregnant women.
Article 113 – Pregnant women whose condition has been verified by a medical practitioner
may leave their place of employment without giving notice and without having to pay
compensation for breaking their contract.
At the time of their confinement, and without this interruption of their work being viewed as a
valid reason to break their contract, all women have the right to suspend their work for fifteen
consecutive weeks, of which nine shall be after giving birth. This suspension may be
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extended by a further three weeks in the case of an officially diagnosed illness resulting from
pregnancy or childbirth. During this period, employers shall not place them on leave; these
women are entitled, on the one hand, to receive half their wages from their employer and, on
the other, to free medical care from the National Social Security Fund and to the other half of
their wages payable at the time their work was suspended.
They retain their entitlements to any benefits in kind.
On the basis of a medical certificate, the Labour Inspector may decide to prohibit pregnant
women from working earlier than they would normally cease work, for one or several
periods, the duration of which shall be determined by the Labour Inspector in the following
cases:
 a) If there are serious pregnancy complications, pre-existing morbidity which may be
aggravated by pregnancy;
 b) When the working or environmental conditions are such that they might be
detrimental to the health of the mother and child.
During this period, these women retain all their entitlements as set forth in paragraph 2 of this
Article.
Any Agreement to the contrary shall be considered null and void.
Article 114 – It is forbidden to give employment to a woman during the 15 weeks of

maternity leave mentioned in the previous Article.
Article 115 – For a period of 15 months from the birth date of the child, the mother shall be
entitled to work breaks for the purposes of breastfeeding.
The duration of these breaks shall not exceed one hour per working day and may be divided
into two half-hours if the mother so wishes.
During these breaks, the mother may leave her work without notice and without having to pay
compensation for breaking her contract.
Article 116 – Unless an exemption has been granted by the Minister of National Education or
his legal proxy after consultation with the Labour Inspector of the place of employment,
children shall not be employed in any company, even as apprentices, until such time as they
turn 16. A Decree enacted after consultation with the National Consultative Labour
Commission shall determine the type of work and of companies forbidden to young people
and the age limit below which this ban shall apply.
Article 117 – The Inspector of Labour and Social Legislation may demand that women and
children be examined by an accredited medical practitioner with a view to verifying that the
work they are given is not beyond their strength. If requested by the individuals concerned,
this demand shall become a right.
Women or children shall not be maintained in a work position thus acknowledged as being
beyond their strength and shall be reassigned to more suitable work.
If this is not possible, their contract shall be terminated and an advance notice indemnity paid
as well as, if applicable, dismissal compensation.
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Chapter 4 – Weekly Rest Days
Article 118 – Weekly rest days are compulsory. They shall amount to a minimum of 24
consecutive hours per week. As a rule, these rest days shall be on Sundays.
A Decree enacted after consultation with the National Consultative Labour Commission shall
determine the modalities of application of the previous paragraph, in particular for those
professions for which and under which conditions these rest days may exceptionally and for
specific reasons, be staggered or granted collectively on days other than Sundays, or be
suspended as compensation for ritual or local holidays, or else spread over periods longer than
one week.
Chapter 5 – Paid Leave and Transport
Section 1 – Paid Leave
Article 119 – Unless Collective Agreements or Individual Contracts provide more favourable
conditions, workers shall be entitled to paid leave at the expense of the employer at a
minimum rate of 26 working days per effective year of service.
Working periods of 26 days shall be considered to be equivalent to one month of effective

work.
Pursuant to prevailing regulations or the provisions of Collective Agreements, the number of

days of paid leave shall be increased to take account of workers’ seniority within the
company.
For the purposes of calculation of paid leave entitlements, any absences due to workplace
accidents or professional illnesses, off-duty periods for women who have given birth referred
to in Article 113 or absences for sickness duly diagnosed by an accredited medical
practitioner and for a maximum period of six months shall not be taken into account.
On the same basis as described above, any services not giving leave entitlement carried out
for the same employer shall not be counted, whatever the place of employment.
Any exceptional leave for less than 10 days granted to workers for direct home and family
events shall not be deducted from paid leave. These exceptional leave periods shall be paid.
However, special leave granted in addition to public holidays may be deducted if the work
days concerned have not been made up for by the workers.
Should workers take their leave outside their place of employment, i.e. where they were
recruited, the duration of their paid leave shall be increased by adding the travelling time
required for a return trip by the route and means of transport selected by the employer.
Leave for personal matters may be granted to any worker for a period of 1 year, renewable
once subject to him/her having worked for the company for 2 years provided the employer
agrees.
At the end of this off-duty period, the worker shall automatically resume his/her position
within the company. However, the conditions of application of this provision shall be
determined by Collective Agreements or Company Agreements.
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Article 120 – The worker is only entitled to leave after having worked for the company for
the equivalent of 12 months.
This entitlement expires every 3 years.
Collective Agreements or Individual Contracts may allow a longer period of effective service
before leave is due, so long as this period does not exceed 24 months.
Should the contract be broken or expire before the worker is entitled to leave, an indemnity
shall be calculated on the basis of his/her entitlements in accordance with the previous
paragraph; this shall be paid to him/her in lieu of leave.
In all other cases, any Agreements granting an indemnity in lieu of leave shall be null and
void.
Article 121 – Subject to the provisions of this Chapter, workers are free to take their leave in
the country of their choice.
Article 122 – Employers shall pay their workers an allowance at least equal to their wages
and its various components mentioned in Article 86 to which they were entitled during the 12
months preceding the date of their departure on leave, and this for the full period of leave;
however, they shall not have the right to a subsistence allowance.
Leave entitlements shall be paid to workers in full on the day they go on leave.
Section 2 – Travel and Transport
Article 123 – When a Labour Contract requires or required the worker to travel from his
place of employment, his travel expenses, those of his official wife/wives and any minor
children usually living with him, as well as the cost of transporting their luggage shall be
borne by the employer:
 1) From the place of recruitment to the place of employment;
 2) From the place of employment to the place of recruitment;
- When a fixed-term contract expires;
- In the case of rescission of the contract when the worker has become entitled to
leave pursuant to the provisions of Article 120;
- In the case of the employer breaking the contract or if there is a serious offence
on his part;
- In the case of breaking the contract due to force majeure;
 3) From the place of employment to the place of recruitment and vice versa.
- For normal leave. Returning to the place of employment shall only be required if
the contract has not ended before the final day of leave and if, at this time, the
worker is fit to resume work.
However, an Individual Work Contract or Collective Agreement may specify a minimum stay
period less than which the cost of transporting families shall not be borne by the employer.
This minimum period of stay shall not exceed 6 months.
Article 124 – Notwithstanding the provisions of Articles 33 and 35, when a contract is
rescinded for causes other than those referred to in the previous Article or due to a serious
offence on part of the worker, travel expenses back and forth shall be borne by the employer.
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Article 125 – The means of transport, class of travel and weight of luggage allowed shall be
determined by the position held by the worker in the company, in accordance with the
provisions of the Collective Agreement or Individual Labour Contract, or, failing this, in
accordance with the company’s rules or local custom.
The size of the worker’s family shall be taken into account when determining the total
allowed weight of their luggage. However, travel tickets for the worker and his family shall
be provided by the employer.
Article 126 – Unless there is a provision to the contrary, travel and transport shall be by the
usual route and means of transport selected by the employer. Workers who choose to travel
by a more expensive route or means than usually taken and agreed by the employer shall only
be reimbursed the cost of the normal route and means.
Should workers use a cheaper route or travel means, they shall only be reimbursed for the
actual expenses incurred.
Travel time shall not be included in the maximum duration of the contract, as set forth in
Article 32.
Article 127 – Unless there is an Agreement to the contrary, workers who use a route or means
of transport slower than the means normally chosen by the employer shall not be entitled as a
result to longer travelling time than that usually allowed.
If they use a faster route or means of transport, in addition to the period of leave itself, they
shall be entitled to the time required for travelling by the usual route and means selected by
the employer.
Article 128 – Within a period of 2 years starting from the date of cessation of work for the
employer, workers shall be entitled to claim travel tickets due to them.
This period of time shall be increased, if applicable, by the time elapsed from the date when
the matter was submitted to the judge’s decision as a result of claiming this entitlement and
the date of the final judgement.
Article 129 – Workers whose employment has come to an end and who are awaiting their
transport, as selected by their employer, and returning to their place of recruitment shall retain
entitlement to benefits in kind and receive from their employer an amount of compensation
equal to the wages they would have received if they had continued working for him during
the period they are waiting.
Workers whose contract has been signed or whose leave has run out and who remain at the
disposal of their employer while awaiting the means of transport selected by their employer
allowing them to leave their place of recruitment and return to their place of employment
shall receive an indemnity calculated on the same basis as their leave entitlement from their
employer.
The indemnity mentioned in the paragraph above shall also be due when workers have been
prevented from using the means of transport selected on the planned date, insofar as they have
notified their employer of this by the fastest possible means and are able to prove that the
delay is not their fault.
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Article 130 – The provisions of this Section shall not preclude the application of prevailing
regulations in relation to foreigners’ entry and residence.
Heading 5 – Hygiene and Safety of Medical Service

Chapter 1 – Hygiene and Safety
Article 131 – (Law No. 6-96) A National Technical Hygiene, Safety and Professional Risk
Prevention Commission shall be established under the guidance of the Ministry of
Employment in order to study matters relating to hygiene, safety of workers and professional
risk prevention. This Commission shall comprise equal numbers of employer and worker
representatives along with qualified officials and experts.
A Decree shall determine the composition and mode of operation of this Commission.
Article 131 – 2 (Law No. 6-96) A fund shall be created at national level for the promotion of
activities relating to hygiene, safety and professional risk prevention.
Article 132 – 29 (Law No. 6-96) Any creation or reorganization of companies, workshops,
worksites, workers’ camps, machinery storage facilities or production equipment shall be
subject to the prior technical advice of the territorial Labour Inspector.
The modalities of application of this provision shall be specified as the need arises.
Article 132 – 3 (Law No. 6-96) The Managing Director and top level managers of the
company shall view promoting safety and improving work conditions as an essential part of
their duties.
All employers shall adopt a professional risk prevention policy within the context of their
company’s economic and financial policies. They shall make all provisions and take all
measures required to ensure the prevention of professional risks.
These provisions or measures shall specifically relate to the location and building of the
company’s premises, the purchase and installation of equipment or materials, the internal
organization of the workplace and the work itself.
Decrees by the Minister of Employment shall determine these provisions in terms of various
professional categories as the need arises.
Article 132 – 4 (Law No. 6-96) Each work post shall have instructions displayed explaining
how to prevent professional risks. Upon recruitment, all workers shall be informed by their
employer of these instructions. The Labour Inspector may authorize exemptions for given
establishments from the instructions mentioned above for those work posts where potential
risks are considered to be minor.
Article 132 – 5 (Law No. 6-96) Foremen responsible for the construction or internal
organization of buildings for industrial, commercial or agricultural activities shall follow the
9
Translator’s Note: Article 132 – 1 would appear to be missing.
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applicable rules in order to comply with the legislative and regulatory provisions aimed at
ensuring safety and wellbeing in the workplace.
Article 13210 - (Law No. 6-96) The Company premises shall be kept clean at all times,
respecting hygiene and safety conditions to ensure the health of its staff. It shall be internally
organized so as to ensure the safety of its workers.
Article 133 – Labourers working in wells, gas and water mains, septic tanks, underground
tanks, or any equipment that may contain noxious gases shall be restrained by means of a belt
or protected by another type of safety equipment.
Wells and descent entrances shall be fenced off.
Engines shall be isolated by protection barriers.
All electrical equipment shall be earthed.
Stairs shall be strong and fitted with strong hand-rails.
Scaffolding shall be fitted with rigid 90 cm-high guardrails.
The following items of transmission machinery: connecting rods and steering wheels for
engines, wheels, transmission shafts, gears, friction cones and cylinders shall all be fitted with
a means of protection or be physically removed from the workers, unless they are beyond the
workers’ reach.
The same applies to belts or cables across the floor of a workshop or requiring transmission
pulleys located less than 2 metres from the ground.
Article 134 – Workplace consumption of all alcoholic beverages is prohibited, both for the
employer and the workers.
Article 135 – Offering for sale, selling, renting or using dangerous machinery or parts of
machinery without appropriate protection being fitted is prohibited.
The machinery or parts of machinery concerned shall be determined by Decree of the

Minister of Employment and Social Security, after consultation with the Technical
Consultative Hygiene and Safety Committee.
Article 136 – Within a period of one year from the date of delivery, and unless there is a
clause to the contrary, the buyer to whom a dangerous item of equipment or part of machinery
is delivered for the use of workers may ask for the sale to be rescinded subject to a hearing.
Furthermore, the court handing down the rescission order may also require that damages be
paid to the buyer.
Article 137 – Decrees by the Minister of Employment and Social Security, after consultation
with the Technical Consultative Hygiene and Safety Committee, shall determine:
 a) General protection and sanitation measures applicable to all companies, or rules
applying to certain professions, and specifically related to lighting, air circulation and
ventilation, drinking water, toilets, dust and steam evacuation, washbasins and
showers, noise and vibration, fire precautions, etc.;
10
Translator’s Note: The numbering here seems a little odd.
Page 39 of 75
 b) Measures relating to organization and operations of Companies, institutions whose

purpose is to ensure that the above rules are complied with and to contribute to
improvements in the hygiene and safety of workers and the protection of their health.
Article 138 – In relation to the application of the Decrees referred to in the previous Article,
and the procedures envisaged, Labour Inspectors may issue an injunction to the Head of the
Company to comply with these rules before instigating any proceedings.
Article 139 – This injunction shall be in writing and recorded either in the Employer’s
Register or in a registered letter with acknowledgement of receipt. It shall be dated and
signed and specify the infractions found, stipulating the period of time allowed for remedial
action; this period of time may not be less than 4 full days, except in case of extreme urgency.
Article 140 – Should working conditions be dangerous, and compromise the safety or health
of workers, while not being covered by the Decrees mentioned in Article 137, in accordance
with the provisions of the previous Article, the employer shall be sent an injunction by the
Labour Inspector to remedy these conditions.
However, in such a case, and before expiry of the period of time determined by the Labour
and Social Legislation Inspector, and at the latest 8 days after the injunction, the employer
may submit a complaint to the Ministry of Employment and Social Security. This complaint
shall have the effect of suspension. After investigation, it shall be forwarded to the Technical
Consultative Hygiene and Safety Committee, who will hear the complainant if necessary.
Notification of the Minister’s decision shall be made to the employer using administrative
channels; the Inspector shall also be notified.
Article 141 – Employers shall inform the Director of the National Social Security Fund or its
representative within a 48 hour period of any work accident or professional sickness having
occurred within their Company. The modalities of this notification shall be determined by the
special legislation applying to work accidents and professional sickness.
This notification may be made by a worker or his/her representatives until the end of the
second year after the date of the accident or the first medical diagnosis of professional
sickness.
In relation to professional sickness, the date of initial medical diagnosis of the sickness shall
be considered as if it were the date of the accident.
A copy of this notification of a work accident or professional sickness shall be sent to the
Labour and Social Legislation Inspectorate within the time period set forth in the first
paragraph above.
Chapter 2 – Medical Services
Article 142 – It is an obligation for all companies or establishments to provide medical or

health services for their workers and their families as recognized by the National Social
Security Fund.
Companies that are unable to offer appropriate health services of their own shall join together
with other companies to provide a joint medical service.
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Decrees by the Minister of Employment and Social Security, after consultation with the
Technical Consultative Hygiene and Safety Committee and the Minister of Health, shall
determine the modalities for the implementation of this obligation. They shall also determine
the modalities for periodic medical visits and specify the numbers and qualifications of the
medical staff to be recruited, taking into account local working conditions and the number of
workers and their families.
Article 141 – 2 (Law No. 6-96) All employers shall keep a record of work accidents and
professional sickness as well as a safety register which shall be placed at the disposal of the
Labour Inspector. Decrees by the Employment Minister shall determine the format of such
registers.
Article 141 – 3 (Law No. 6-96) Employers shall ensure that their workers, as well as the
members of the Hygiene and Safety and Professional Risk Prevention Committees inherent to
the profession or activities of the Company, are kept well informed and educated.
Article 143 - 11 (Law No. 6-96) The provisions of Article 142 shall only apply to medical staff
accredited by the Ministry of Employment.
This decision, taken after consultation with the Labour and Social Legislation Inspector and
the Minister of Health, may be cancelled in the same way.
Article 144 – The medical service and the organization of joint dispensaries or infirmaries for
a number of companies shall be established subject to modalities to be determined by Decree
of the Minister of Employment and Social Security after consultation with the Labour and
Social Legislation Inspector and the Technical Consultative Hygiene and Safety Committee.
Each of the participating companies shall have an infirmary with an isolation room for
emergency cases, in which the number of beds, equipment and medical supplies available
shall be determined by Decree of the Minister of Employment and of Social Security after
consultation with the Technical Consultative Hygiene and Safety Committee.
Article 145 - (Law No. 6-96) In each establishment, every morning after roll call, workers
claiming to be sick shall be seen by a doctor; legitimate wives and children, if they so request,
may also be seen and receive medical treatment if needed. A register of medical visits shall
be kept; its format shall be determined by Decree of the Minister of Employment.
The outcome of this medical visit shall be recorded in a special register, the format of which
shall be determined by Decree of the Minister of Employment, after consultation with the
Technical Consultative Hygiene and Safety and Professional Risk Prevention Committees.
Article 146 – Should a worker, his wife or children living with him and supported by the
Company become sick, the employer shall provide them with medical care and medicine free
of charge, within the limits set forth by the provisions of this Chapter.
Employers shall also provide food free of charge for any sick worker who is being cared for
on the premises.
Article 147 – Employers shall have the injured and sick transported to the closest medical
facility when they cannot be treated adequately on the premises.
Should the employer not have the appropriate means to do so at his disposal, he shall notify
the head of the local municipality urgently, so that the patients may be evacuated by the
11
Translator’s Note: Once again, the numbering here would appear to be a little odd.
Page 41 of 75
means at his disposal; all expenses incurred by the head of the municipality shall then be
reimbursed by the employer at the official rate applying to medical transport services.
Article 148 – A Decree by the Minister of Employment and Social Security after consultation
with the Technical Consultative Hygiene and Safety Committee shall determine the
conditions under which employers have an obligation to set up an infirmary, bandage room or
first aid kit on their premises and keep them fully supplied.
Heading 6 – Organizations and Implementation

Chapter 1 – Labour Administration
Article 149 – Subject to the authority of the Minister of Employment and Social Security, the
Administration shall be responsible for ensuring that the design, advice, coordination and
control within the workplace, promotion, and Social Security play an important part.
This administration shall:

 a) Draw up all draft laws and regulation concerning workers’ conditions, professional
relations, employment and allocation of workers, training and professional
improvement, Social Security;
 b) Monitor the application of these laws and regulations;
 c) Provide advice and recommendations for employers and workers;
 d) Advise, coordinate and monitor the services and organizations contributing to the
implementation of work and Social Security legislation;
 e) Implement, in collaboration with the authorities and organizations concerned, the
best possible organization of the employment market as an integral part of the
national program, in order to ensure and maintain full employment and develop and
fully utilize production resources;
 f) Collect and keep up to date statistical data relating to employment and working
conditions and Social Security operations;
 g) Follow relations with other States and international organizations in relation to
work, employment, promotion and Social Security issues.
The Labour Administration shall comprise the following:

 1) Attached to the Minister, a General Directorate of Labour and Social Security of
which a Central Directorate of Labour and Professional Training shall be an integral
part;
 2) Labour and Social Legislation Inspectorates including Labour Supervision Units;
 3) Employment Agencies.
The organization and operation of the General Directorate of Labour and Social Security and
their ancillary Services shall be determined by Decree.
A Decree by the Minister of Employment and Social Security shall determine the territorial
coverage of Labour Inspectorates, Labour Supervision Units and Employment Agencies.
Article 150 – Other than the other responsibilities conferred by this Law, the General
Directorate of Labour and Social Security shall discharge the responsibilities set forth in
paragraphs a), b), d), e), f) and g) of the previous Article; Labour and Social Legislation
Inspectorates shall discharge those quoted in paragraphs b) and c), and Employment Agencies
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those mentioned in e) and f). Labour and Social Legislation Inspectorates and Employment
Agencies shall be responsible to the General Directorate of Labour and Social Security and
shall communicate directly with them.
Section 1 – Labour and Social Legislation Inspectorate
Article 151 – The Labour and Social Legislation Inspectorate shall comprise Administrators,
Inspectors, Chief Supervisors and Labour Supervisors.
Article 152 –Labour and Social Legislation Inspectorate Officials shall swear on oath to fully
and faithfully carry out their duties and not to divulge manufacturing secrets or, in general,
operational procedures they have been privy to while discharging their duties even after they
have ceased to work in this capacity.
This oath shall be sworn in writing before the Appeal Court for Administrators and Labour
Inspectors, and before the Main District Court for Chief Supervisors and Labour Supervisors.
Any violation of this oath shall be punished in accordance with the relevant provisions of the
Penal Code.
They shall treat as confidential any complaint relating to a defect in the hygiene and safety
facilities or in relation to a breach of the legal and regulatory provisions.
Article 153 – Labour and Social Legislation Inspectorate Officials shall not have any interests
whatsoever, whether direct or indirect, in the companies under their supervision.
Article 154 – Labour and Social Legislation Inspectors and Officials in charge of a Labour
Supervision Office shall record any infractions of the provisions of work legislation and
regulations in an Official Report, which shall have force of law until proved otherwise. In
such a case, they shall be authorized to approach the competent judicial authorities directly.
All Official Reports shall be notified by means of a certified copy to the interested party or
his/her representative. This shall be done within 15 days12 of the discovery of the infraction,
by registered letter with acknowledgement of receipt, or by hand delivered letter with receipt
dated and signed by the employer or his representative; failing this, any resulting proceedings
shall be considered null and void.
A copy of the Official Report shall be submitted to the Bar, a second copy to the Director-
General of Labour and Social Security and a third copy shall be filed in the archives of the
Inspectorate.
The authorities competent pursuant to this Article to draw up Official Reports shall be
informed by the Bar of the outcome.
Article 154 – 1 (Law No. 6-96) Labour and Social Legislation Inspectors and Officials in
charge of a Labour Supervision Office shall draw up Official Reports in relation to infractions
of labour legislation and regulations and send these to the judicial authorities for the purpose
of the application of penalties as set forth in Heading 9 concerning penalties; these Official
Reports shall have the force of law until proved otherwise and shall give rise to an injunction.
12
Translator’s Note: in French, ‘fifteen days’ is the standard term used for two weeks, as explained previously
Page 43 of 75
Article 154 – 2 (Law No. 6-96) When a Labour Inspector discovers an infraction, he shall
immediately inform the employer or his representative. This matter shall be recorded in a
special register.
In all cases, the employer shall be given an injunction to the effect that he must comply with
the legal and regulatory provisions. Should the infraction continue once the injunction has
reached its expiry date, the Labour Inspector shall draw up detailed notes including all
relevant circumstances for the attention of the Regional Director who shall draw up the
Official Report.
A Decree by the Ministry of Employment shall determine the format and content of the
injunction and the Official Report recording the infraction.
All Official Reports shall be notified by means of a copy handed to the interested party or
his/her representative. This shall take place within fifteen (15)13 days of discovery of the
infraction, either by registered letter with acknowledgement of receipt, or by hand delivered
letter with receipt dated and signed by the employer or his representative.
Article 154 – 3 (Law No. 6-96) Should the infraction reoccur, the Regional Director of
Employment shall point this out in his Official Report and attach any evidence, in particular
receipts.
In the case of a second infraction, detention sentences may be handed down. The Bar shall
inform the Ministry of Employment of this decision within a period of 30 days.
Article 154 – 4 (Law No. 6-96) When an employer receives an injunction from the Labour
and Social Legislation Inspectorate, he has eight (8)14 days to submit a complaint to the
Director- General of Employment. This complaint may lead to a suspension of the injunction.
Notification of the decision of the Director- General of Employment shall be despatched to
the interested party within a period of 10 days from the date of receipt of the complaint. Once
this period of time has elapsed, the fact that the Director-General of Employment has not
responded shall be considered as constituting confirmation of the injunction.
Article 154 – 5 (Law No. 6-96) In accordance with the normal principles applying to
administrative disputes, the decisions of the Regional and General Directors of Employment
shall be subject to annulment if they are found to be excessive or resulting from misuse of
power.
Article 154 – 6 ((Law No. 6-96) In relation to sentences entailing detention, the employer has
at his disposal all traditional means of judicial appeal.
Article 155 – Within the context of prevailing legislation, Labour and Social Legislation
Inspectors and Officials responsible for a work supervision office have within their territorial
remit the authority to determine their travel schedule and the investigations they conduct.
They have the power to:

 a) Enter freely and conduct inspections at any hour of the day without providing any
prior notice in any establishments subject to the supervision of the Inspectorate where
they might reasonably consider that there are persons under their protection. At the
start of this inspection, they shall notify the employer or his representative who may
choose to accompany them.
 b) Enter premises at night if collective night work is performed there;
13
Translator’s Note: i.e. two weeks, as explained previously
14
Translator’s Note: ‘Eight days’ is the standard French term for one week, as explained previously.
Page 44 of 75
 For the purposes of free entry mentioned in a) and b) above, the employer shall
implement all necessary arrangements to facilitate free entry by the Labour and
Social Legislation Inspector in any circumstance and immediately, even if the visit
occurs at an inconvenient time or while he is away.
 c) Ask for the opinion or consult medical practitioners and technicians if need be, in
particular concerning hygiene and safety requirements. Doctors and technicians are
constrained by professional confidentiality provisions in the same manner and subject
to the same penalties as Labour and Social Legislation Inspectors.
 d) Have officially accredited interpreters and company trade union members
accompany them during their visits, along with the medical practitioners and
technicians referred to in paragraph c) above.
 e) Carry out all examinations, supervision procedures and enquiries required to
ensure that applicable provisions are effectively respected, and in particular:
- 1- Ask questions, with or without witnesses, of the employer or staff of the
company, check their identity, and request information from any other individual
whose testimony might be useful.
- 2- Request that all relevant Registers and documents pursuant to this legislation
and to the texts required for its application, be produced.
- 3- Take away samples for analysis of substances used or manipulated, in the
presence of the Company Director or Director of the Establishment or his
Deputy, providing receipts.
- 4- Summons in writing any employer or workers to come to the Labour
Inspectorate offices and, if the individual refuses to comply, draw up an Official
Report.
Article 156 – Chief Supervisors and Labour Supervisors shall assist Labour and Social
Legislation Inspectors in the carrying out of their duties. They have the power to freely enter
and supervise as mentioned in the previous Article and shall also record any infractions by
means of written reports; having read these reports, the Inspector shall determine whether an
injunction is required and, if it is not complied with, draw up an Official Report subject to the
provisions of Article 154.
Article 156 – 2 (Law No. 6-96) Within the Company concerned, the Labour Medical
Inspector shall assist the Labour Inspector, verifying that legal or regulatory requirements
have been complied with in relation to sanitary hygiene and workplace medicine within the
Company concerned.
The provisions of Articles 152, 153, 155, 157715 and 158, paragraphs 2 and 3 shall also apply
to the Labour Medical Inspector.
Article 157 – Labour and Social Legislation Inspectorate Officials shall carry on their person
a professional identity card showing their status.
Article 158 – In mines, mining companies and quarries, and in establishments and worksites
where work is subject to the supervision procedures of technicians, the officials entrusted
with these control procedures shall ensure that the facilities under their technical control are
organized so as to verify the safety of workers. They shall ensure the application of all
special regulations required in this field and for this purpose and to this extent have the same
powers as Labour and Social Legislation Inspectors. They shall inform the Labour and Social
Legislation Inspector of any measures they have ordered and, if applicable, of any
injunctions.
15
Translator’s Note: It would appear that the number here should be 157.
Page 45 of 75
The Labour and Social Legislation Inspector may, at any time, and in the company of the
officials mentioned in the previous paragraph, visit mines, mining companies, quarries and
establishments and worksites subject to technical control procedures.
In the parts of the armed forces establishments units using civilian labour where National
Defence interests require that no individuals outside the service be admitted, verification
procedures for the implementation of the applicable labour provisions shall be carried out by
Officials or officers appointed for this task.
These appointments shall be based on joint proposals from the Minister of the Armed Forces
and the Minister of Employment and Social Security.
Article 159 - In the case of absence of the Officials of the Labour and Social Legislation
Inspectorate, the heads of local administrative bodies shall be their legal replacements. Their
duties shall be those defined in Article 156.
Article 160 – The Director-General of Labour and Social Security may exercise the powers
and prerogatives set forth in Articles 154, 155 and 158 at any time.
Article 161 – The provisions of Articles 152, 154 and 155 of this Chapter shall not give rise
to any exemptions from Common Law with regard to notifying and instigating proceedings
for infractions by judicial police officers.
Section 3 – Employment Agencies and Labour Exchanges (Abrogated)
Articles 162 to 167 – Abrogated (Law No. 22/88)
Chapter 2 – Professional Training
Article 168 – Professional training and supplementary training courses for workers shall be
based on the requirements of the national economy and on the latest knowledge and highest
levels attained in science and technology.
 a) Professional training and supplementary training courses shall be given by State
institutions, social institutions, whether public or private, and private establishments;
 b) Supplementary training courses shall complement technical knowledge and skills
in order to enable entry into similar or neighbouring professions;
 Supplementary training shall take into account the prior level of development of
workers and constitute an overall unified system;
 c) Workers taking supplementary training courses shall benefit from all possible
assistance during their studies. Collective Agreements shall determine, if applicable,
for each of the fields of work and each of the socio-professional categories, the type
of assistance required;
 d) Professional Training and Supplementary Training Contracts shall be entered into
with workers based on the professional training and supplementary training courses
available in the Company;
 e) Professional or supplementary training courses may take in another country, or
within the Company, or in Professional Training Centres.
 f) Professional and supplementary training programs planned shall be submitted to
the Minister of Employment and Social Security for approval.
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In order to implement this professional training policy, training centres shall be

established.
A Decree by the Minister of Employment and Social Security, after consultation with
the National Consultative Labour Commission, shall determine the mode of operation
of these centres.
 g) However, institutes, establishments or groups other than public collectivities may
only undertake professional training insofar as they are guaranteed to give
employment to the trainees once they have completed the course.
The Minister of Employment and Social Security may terminate the activities of any
such training centre that do not comply with these instructions;
 h) Should the State undertake the professional training of workers for reasons of
efficiency or in the national interest, in order to respond to the needs of companies,
these companies shall then contribute to their funding by paying a levy, the type and
amount of which shall be determined by Ministerial Decree.
 i) When companies’ staff numbers are sufficient, they may establish literacy services.
Collective Agreements or Company Agreements shall determine the practical
modalities of such services.
Chapter 3 – National Consultative Labour Commission
Article 169 – A National Consultative Labour Commission shall be established under the
auspices of the Minister of Employment and Social Security; apart from the cases where it is
obligatory that it be consulted under this legislation, its general purpose shall be:
 To study problems concerning work, labour and social security;
 To provide advice, formulate proposals and resolutions in relation to the relevant
regulations;
 To study the basic components when determining the minimum wage; study the
living minimum wage as well as general economic conditions.
At the request of the Minister of Employment and Social Security, this Commission may also:
 Examine any difficulty arising from the negotiations for Collective Agreements;
 Offer its opinion in all matters relating to the entering into or application of
Collective Agreements and in particular their economic impact.
It may request from the President of the competent administrative authorities all useful
documents or information needed to discharge its duties.
Article 170 – (Law No. 6-96) The National Consultative Labour Commission, chaired by the
Minister of Employment, shall be tripartite, comprising equal numbers of employers, workers
and Public Administration representatives.
The employers and workers shall be nominated by the most representative professional
organizations concerned.
The Public Administration representatives shall be nominated by their respective hierarchical

superiors.
At the request of its President or the majority of its members, the Commission may be joined
by officials or well-known individuals in the field of economics, medicine, social sciences
and ethnography in a consultative capacity.
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The Secretariat of the Commission shall be provided by the Directorate-General of

Employment.
A Decree shall determine the organization and operation of the National Consultative Labour
Commission and the number of its membership.
Article 171 – The mandate of members of the National Consultative Labour Commission
shall in principle be discharged free of charge; however, a Decree may specify any
compensation to be paid to the members of the National Consultative Labour Commission
who would otherwise lose all or part of their wages for the duration of the meetings or who
have to stay in hotels and eat in restaurants because they have travelled away from their
domicile; in such cases, the return trip shall be paid for by the State.
The duration of their mandate is 2 years, renewable without restriction.
The employer of a member of the National Consultative Labour Commission shall give
him/her the time necessary to attend the Commission’s meetings. The employer may only
dismiss him/her subject to the provisions of Article 176 applying to Trade Union Bureau
members.
Chapter 4 – Company Committees (Abrogated)
Article 172 – Abrogated (Law No. 6/96)
Chapter 5 – Basic Trade Union Bureau and Company Trade Unions
Article 173 – (Law No. 6-96) It is compulsory that staff delegates be elected in companies or
establishments located In the Republic of the Congo where there are at least seven (7)
workers acknowledged as such according to Article 2 of the Labour Code.
Staff delegates shall represent the Company’s workers.
A Decree by the Minister, after consultation with the National Consultative Labour
Commission, shall determine the following:
 1) The number of delegates to be elected and their distribution;
 2) The length of time considered as being working hours that the delegates have at
their disposal to carry out their duties, as well as the means at their disposal.
 3) The conditions required for them to meet with the employer or his representative.
 4) The conditions governing the revocation of a delegate by the workers who elected
him/her.
Article 173 – 2 (Law No. 6-96) Delegates shall be elected within each establishment based on
the lists provided by trade union organizations, if there are any, or, failing this, by the staff
members themselves.
Within an establishment there shall be at least two electoral bodies, one for labourers and
employees and the other for engineers and Works Managers.
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The number of electoral bodies and the distribution of seats among the various categories
shall be subject to an Agreement between the Director of the Establishment and the trade
union organizations concerned.
Should such an agreement not be possible, the Labour Inspector or his legal representative
shall determine the number of electoral bodies and the distribution of seats among the various
categories.
Article 173 – 3 (Law No. 6-96) At the request of the Director of the Establishment or the
Trade Union organizations or, failing this, of staff members, the Labour and Social
Legislation Inspector may approve exemptions from the companies’ seniority conditions as
set forth in new Article 174 if their application would reduce the number of workers fulfilling
these conditions by at least one quarter in each electoral body.
Article 173 – 4 (Law No. 6-96) Every year in December staff delegates shall be elected for
the following year.
Article 173 – 5 (Law No. 6-96) Elections shall take place within the establishment. The date,
location, and opening and closing hours of the ballot shall be determined by the Director of
the Establishment or his representative, in agreement with the trade union organizations.
This information shall be announced 15 days16 at least before the ballot date by means of a
notice displayed by the Director of the Establishment or his representative in the locations
normally used for notices intended for staff.
Should the Company Director fail to do so, the Labour Inspector shall organize the elections
and determine the location, date and opening and closing hours of the ballot.
Lists of candidates drawn up by the establishment’s trade union organizations shall be

displayed by the Director of the Establishment or his representative at least ten (10) days
before the ballot date in the same locations as the ballot notice. These lists shall include the
surnames, given names, age and years of service of the candidates, the trade unions that
represent them and, if applicable, any exemptions granted by the Labour Inspector pursuant to
Article 173 – 3 above.
Article 173 – 6 (Law No. 6-96) However, the Labour Inspector or his legal representative
may authorize a ballot that includes candidates who are not represented by trade union
organizations.
Article 173 – 7 (Law No. 6-96) Workers who are prevented from participating in the ballot
due to their activities outside the establishment, workers on leave and those whose Labour
Contract has been suspended pursuant to the clauses of new Article 47 of this Labour Code
may vote by proxy.
Article 173 – 8 (Law No. 6-96) The election shall take place by means of a secret ballot in
envelopes. Voting shall be for both Titular Members and Deputy Members with proportional
representation.
Article 173 – 9 (Law No. 6-96) Each list is drawn up by the most representative trade union
organizations, separately or together.
16
Translator’s Note: i.e. 2 weeks, as explained previously.
Page 49 of 75
Electoral lists may not include a higher number of candidates than the number of allotted
seats.
Voting for candidates from more than one party is forbidden. Only votes from one of the
current lists are valid.
Blank or crossed out ballots shall not be included in the count.
Article 173 – 10 (Law No. 6-96) Should the number of voters, from which any blank or
crossed out ballots have been deducted, be less than half of the registered voters, another
ballot shall take place after a period of two weeks; in this second ballot, voters shall be able to
vote for lists other than those of the trade union organizations.
Article 173 – 11 (Law No. 6-96) Each list shall be given as many seats as the number of
ballots collected for it. It shall include the number of times its electoral quota is represented,
this quota being the total number of valid ballots from the electoral body divided by the
number of seats to be filled.
Article 173 – 12 (Law No. 6-96) If no seats have been able to be filled or if there are seats
that still remain unfilled, the latter shall be allotted according to the highest average number
of ballots collected.
For this purpose, the number of votes collected for each list shall be divided by the number of
seats plus one allotted to the list of average figures obtained.
The first unfilled seat shall be allotted to the list obtaining the highest average number of
votes. The same procedure shall be followed for each of the unfilled seats until such time as
they have all been filled.
Should two lists obtain the same average number of ballots or if there is only one seat
remaining, it shall be given to the list obtaining the highest number of votes.
Should two lists obtain the same number of votes, the seat shall be given to the oldest
candidate.
Article 173 – 13 (Law No. 6-96) The Director of the Establishment or his representative shall
organize elections, and in particular the establishment of the election bureau and the drawing
up of Minutes recording the secret envelope ballot.
He shall chair the Election Bureau and be assisted by one representative who is not a
candidate for each of the lists. These list representatives shall be members of the Bureau;
they shall assist with the ballot and vote-counting and shall sign the Minutes along with the
employer’s representative.
The Director of the Establishment or his representative shall draw up, in several copies, the
Minutes of the elections of staff delegates; the first copy shall be despatched to the competent
Labour Inspector within a period of four (4) days (by registered letter with acknowledgement
of receipt), the second copy shall be displayed and the third copy shall be filed in the
establishment’s archives; further copies shall be sent to the various trade unions.
Article 173 – 14 (Law No. 6-96) The duties of the Director of the Establishment in relation to
organizing the elections of staff delegates may, at his request, and if he is otherwise engaged,
be handed over to another authority by the Labour Inspectorate.
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Article 174 - (Law No. 6-96) Workers of both genders shall be entitled to vote provided they
have at least six months’ seniority in the Company and have never had their civic rights
revoked by a court of law.
Any worker who has never been the subject of a penal sentence and who has worked for the
Company without interruption for at least twelve (12) months may be elected.
Only workers registered as voters in a particular staff category may be elected for that
category.
Disputes regarding elections, eligibility of staff delegates and the proper conducting of the
election shall be decided by the Court of First Instance.
For such a matter to be able to be receivable by a Court, it shall be submitted within three
days of the publication of the electoral list if it relates to the electorate or eligibility, or within
fifteen (15) days of the announcement of the outcome, if it relates to the proper conduct of the
election.
The Court of First Instance shall hand down its decision within thirty (30) days.
Article 175 - (Law No. 6-96) Each delegate shall have a deputy elected subject to the same
conditions who shall replace him/her in the case of justified absence, death, resignation,
revocation, change of professional category resulting in a change of electoral body, rescission
of Labour Contract or loss of the conditions governing eligibility.
Article 176 - (Law No. 6-96) Any dismissal of a staff delegate envisaged by the employer or
his representative shall be subject to the approval of the Dispute Resolution Committee
mentioned in (new) Article 39.
However, if the employer considers that a serious offence has been committed, this
Committee may immediately order the precautionary standing down of the staff delegate
concerned, while awaiting the final decision of the Dispute Resolution Committee. This
standing down shall not result in the suspension of his/her basic wages.
Should staff delegates consider that they have been wrongfully dismissed, they may
immediately contact the Labour Tribunal; this Tribunal shall organize a hearing of the parties
concerned without delay.
During court proceedings, the staff delegate shall retain his basic wage until such time as the
judgement is handed down, unless he was dismissed with the authorization of the Dispute
Resolution Committee.
Should a dismissal be acknowledged as wrongful, as of the date of handing down of the

judgement, the Judge shall order that the staff delegate be reinstated in his position within the
company, otherwise damages shall be paid to him/her, the amount of which shall not be less
than twelve (12) months’ basic wages; this payment may be made in monthly instalments
unless the individual concerned is carrying out paid activities during the same period.
In the case of wrongful dismissal, the tribunal shall decide either that proceedings resume or
that damages be paid according to the prejudice suffered.
All the above guarantees shall apply:

 To former staff delegates, for a period of six (6) months from the date of expiry of
their mandate;
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 To candidates aspiring to be staff delegates, for the period between the date of
submission of the candidate lists to the Director of the Establishment and the date of
the election;
 To candidates who have not been elected, for a period of three months from the date
of the election.
The ways in which rulings of the Dispute Resolution Committee may be appealed are set
forth in the provisions of Article 39, paragraph 8 of this Code.
Article 177 – (Law No. 6-96) The duties of Staff Delegates shall be:
 To submit to employers any individual or collective complaints that have not been
resolved satisfactorily regarding working conditions, the protection of workers, the
application of Collective Agreements and Professional Classifications and Wages.
 To give their prior opinion in relation to collective or individual dismissals due to a
reduction in the establishment’s workload or internal reorganization, in accordance
with Article 39 of this Code.
 To contact the Labour and Social Legislation Inspectorate in relation to any
complaint relating to the application of legal or regulatory requirements it is
responsible for supervising.
 To ensure that the provisions relating to hygiene and health of workers and social
security are correctly applied and put forward any useful suggestions in this
connection.
 To inform the employer of any useful suggestions for improving the organization and
productivity of the company.
Article 178 – Notwithstanding the provisions mentioned above, workers may submit their
own complaints and suggestions to the employer.
Article 179 – (Law No. 6-96) Staff delegates shall have 20 hours per month in which to fulfil
their duties, considered and paid as working hours.
A Decree by the Minister of Employment, after consultation with the National Consultative
Labour Commission, shall determine the conditions applying to the granting of work
education leave and may restrict the number of staff delegates to which the above provisions
apply in smaller companies.
Article 180 - (Law No. 6-96) With the exception of the provisions of Article 176, 4th
paragraph, in relation to staff delegates retaining their wages during legal proceedings, all
other provisions relating to staff delegate protection and those relating to work education
leave also apply to trade union delegates.
Chapter 6 – Supervision
Article 181 – Any individual planning to start a company of any kind shall first submit a
statement to this effect to the competent Labour and Social Legislation Inspectorate or Labour
Supervision Office.
 A statement must be submitted under the same conditions
 For existing companies that have yet done so.
Closure, transfer, change in status, reopening and, generally speaking, any major change to
the company shall also be notified.
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Every six months, Company or Establishment Directors shall submit information in relation
to the labour they use to the Employment Office.
A Decree of the Minister of Employment and Social Security shall determine the modalities
of the declaration referred to in paragraphs 1 and 2 of this Article.
Article 182 – Employers shall keep an up-to-date register referred to as ‘the Employer
Register’ on company premises; the template for this register shall be determined by a Decree
of the Minister of Employment and Social Security, after consultation with the National
Consultative Labour Commission.
This register shall comprise 3 parts:

 The first part shall include information relating to all individuals and all worker
contracts for those working for the company;
 The second part shall include information relating to work carried out, wages and
leave;
 The third part shall include visas, injunctions and comments by the Labour and Social
Legislation Inspector or his delegate.
This Employer Register shall be kept at the disposal of the Labour and Social Legislation
Inspectorate and shall be kept for a period of 5 years after the date of the last entry.
Some companies or categories of companies may be exempt from the obligation to keep this
register due to their circumstance, their secondary importance or the type of activity they
carry out, subject to a Decree by the Minister of Employment and Social Security, after
consultation with the National Consultative Labour Commission.
Article 183 - The Employment Agencies shall keep the worker files mentioned in Article
162.
Heading 7 – Professional Trade Unions

Chapter 1 – Purpose and Composition of Professional Trade Unions
Article 184 – (Law No. 6-96) The purpose of Professional Trade Unions shall be to study and
defend the rights and material and moral rights of their members, both individually and
collectively.
Article 185 – Individuals exercising the same profession, similar or associated professions
leading to the manufacture of given products, or belonging to the same professional category,
may freely establish a professional trade union. All workers or employers may freely join the
trade union of their choosing within their profession.
Article 186 - (Law No. 6-96) The founders of all professional trade unions shall submit their
Statutes and a list of individuals who, in whatever capacity, are responsible for the
administration and leadership. These shall be submitted with acknowledgement of receipt to
the competent Labour Inspectorate.
All Trade Union Statutes shall include the following:
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 The name of the trade union and the address of its headquarters;
 The purpose for which the trade union has been established;
 The method used for the drawing up and amendment of the Statutes;
 The means of nomination and dismissal of its leadership.
Within a period of fifteen (15)17 days after this submission, an investigative report from the
Labour Inspector, specifying the circumstances and constitutional conditions of this trade
union, and in particular the date and place of its constitutional congress and professional
origin of its members shall be submitted through official channels to the Ministry of
Employment.
Having sighted the Labour Inspector’s report and within a period of thirty (30)18 days, the
Ministry of Employment shall issue or decline to issue an acknowledgement stating that the
trade union is officially recognized.
Notification of this acknowledgement shall be sent to the individuals concerned and to the
Ministry of the Interior.
Should the Minister of Employment decline to issue an acknowledgement of the existence of

the trade union, he shall inform the applicants in writing within a period of 20 days with the
reasons for his refusal.
A refusal from the Minister of Employment may be subject to appeal, in accordance with the
procedures referred to in the Civil, Administrative and Financial Procedure Code.
All changes to the Statutes and composition of the leadership or administration of the trade
union shall be notified under the same conditions to the same authorities and verified using
the same procedures as those referred to above.
Within a period of three months of the end of each fiscal period, the statutory trade union
leaders shall inform the Minister of Employment by means of a yearly report providing
statistics as to the number of members and the amount of contributions received.
Article 187 – Those responsible for administration or leadership of a trade union shall be
Congolese citizens, or, if they are foreigners, have resided in the Congo for at least 5 years,
have civil rights, and not have been the subject of any sentences revoking their civil rights or
correctional sentences, with, however the following exceptions:
 1) Sentences for offences due to carelessness unless they also offended by taking
flight;
 2) Sentences handed down for infractions (other than those referred to as offences) to
company law, insofar however as the resulting penalty was not contingent upon
evidence of bad morals on the defendant’s part and only resulted in a fine.
Article 188 – Married women carrying out a profession or trade, may without the
authorization of their husband, join professional trade unions and participate in their
administration or leadership, subject to the conditions referred to in the previous article.
Article 189 – Minors who are over 16 may become members of trade unions.
Article 190 – (Law No. 6-96) Those individuals who have ceased exercising their profession
may continue to be members of a professional trade union, on condition:
17
Translator’s Note: i.e. two weeks, as mentioned previously.
18
Translator’s Note: ’30 days’ is the standard expression for one month in French.
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 a) They have practised this profession for at least one year;

 b) They carry out trade union duties.
However, any unemployed worker who was not a member of a trade union before he/she
became unemployed shall only be entitled to become a member of a trade union when he/she
is once again employed.
Article 191 – All members of a professional trade union may rescind their membership at any
time unless there is a provision to the contrary, without prejudice to the entitlement of the
trade union to claim contributions for a period of 6 months after the individual has rescinded
his membership.
Article 192 – Should the trade union be dissolved by mutual, statutory or judicially enforced
decision, the trade union’s assets shall be disposed of in accordance with the Statutes or,
failing this, with the rules determined by the General Assembly. In no case shall the assets be
distributed among members.
Chapter 1 bis – Representativity of Trade Unions
Article 192 bis - (Law No. 6-96) The representativity of a trade union or professional group
shall be determined by the Ministry of Employment, who shall collect all relevant information
and consult the Labour and Social Legislation Inspectorate.
The information considered relevant shall include the following:

 The results of the elections of staff delegates;
 Its independence;
 Its membership numbers;
 Its contributions;
 The trade union’s experience, the extent and nature of its activities.
The decision taken by the Ministry of Employment may be appealed, within a period of thirty
(30)19 days, by submission to the competent administrative authority.
The decisions referred to above shall not be interpreted as authorizing the administration to
have access to registration lists of members or treasury accounts of the trade union concerned.
Chapter 2 – Civilian Status of Professional Trade Unions
Article 193 – Professional trade unions are a civilian organization. They have the right to
undertake legal proceedings and may purchase, without prior authorization and whether free
of charge or for payment, assets, furniture and buildings.
Article 194 – They may exercise all the rights of a civilian organization in any jurisdiction in
relation to facts causing direct or indirect prejudice to the collective interests of the profession
they represent.
19
Translator’s Note: one month in French, as mentioned previously.
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Article 195 – They may allocate a portion of their resources to building housing for the
workers or purchasing land for agriculture or for sports’ grounds for the use of their members.
Article 196 – They may set up, administer or subsidize professional institutions such as:
savings and solidarity funds, laboratories, experiments, scientific, agricultural or social
education and training courses and publications of interest to their profession.
They shall not be dispossessed of their buildings and mobile assets required for their
meetings, libraries and professional training courses.
Article 197 – They may subsidize production or consumer cooperatives.
Article 198 – They may enter into contracts or agreements with other trade unions,
institutions, businesses, companies or individuals.
Collective Agreements shall be entered into under the conditions specified in Chapter III of
Heading II.
Article 199 – If their Statutes allow and insofar as they do not distribute any profits, even in
the form of discounts to their members, trade unions may:
 1) Purchase in order to rent out, lend or distribute among their members all that is
required to practise their profession, in particular, raw materials, tools, instruments,
machinery, fertilizers, seeds, plants, animals and cattle feed.
 2) Act as intermediary, free of charge, in the sale of products resulting exclusively
from the individual work or facilities of trade union members; facilitate such sales by
means of exhibitions, advertisements, publications, grouped orders and despatches,
without operating under their own name but under their own responsibility.
Article 200 – They may be consulted in relation to all disputes and matters relating to their
speciality.
With regard to contentious issues, the opinions of the trade union shall be at the disposal of
the parties who can if they so wish obtain and copy them.
Chapter 3 – Trade Union Trademarks
Article 201 – Subject to the conditions determined by Decree of the Minister of Employment
and Social Security, after consultation with the National Consultative Labour Commission,
trade unions may patent trademarks or quality-labels. Thereafter, they may claim exclusive
ownership of these, subject to the conditions of this Decree. These trademarks or quality-
labels may be placed on any products or commercial goods in order to certify their
provenance and conditions of manufacture. They may be used by any individual or company
offering these goods for sale.
Shall be null and void any Collective Agreement clause or understanding pursuant to which
the use of the trade union trademark by an employer is contingent upon this employer only
retaining or recruiting members of the trade union owning this trademark.
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Chapter 4 – Mutual Assistance and Superannuation Funds
Article 202 – Insofar as they comply with prevailing legislation, trade unions may set up
special mutual assistance and superannuation funds for the benefit of their members.
Article 203 – Any monies held by these special funds shall be privileged-from-seizure within
the limits of the law.
Article 204 – All individuals having retired from a trade union but who have made regular
contributions or transferred money to them shall retain the right to be members of the mutual
assistance and retirement fund.
Chapter 5 – Trade Union Associations
Article 205 – Professional trade unions established in accordance with the provisions of this
legislation may freely work together for the purpose of studying and defending their
economic, industrial, commercial or agricultural interests.
They may form an association in whatever manner they choose.
Article 206 – The provisions of Articles 184, 186, 187, 188 and 189 shall apply to trade
union associations; they shall, furthermore, provide the name and headquarters of the trade
unions that constitute the association, in accordance with Article 186.
Their Statutes shall determine the rules under which trade unions, members of the association,
shall be represented on the Board and in General Assemblies.
Article 207 – These trade union associations shall enjoy all the entitlements granted to
professional trade unions by Chapters 2, 3 and 4 of this Heading.
Article 208 – At their request, premises may be placed at the disposal of trade union
associations to enable them to carry out their activities.
Chapter 6 – Professional Associations
Article 209 – Professional associations recognized by Decree of the Minister of Employment

and Social Security shall be assimilated to professional trade unions for the purpose of the
application of Articles 194, 197, 198, 201 and 202.
They may:
 1) Purchase in order to rent out, lend or distribute among their members all that is
required to practise their profession, in particular, raw materials, tools, instruments,
machinery, fertilizers, seeds, plants, animals and cattle feed.
 2) Act as intermediary, free of charge, in the sale of products resulting exclusively
from the individual work or facilities of trade union members; facilitate such sales by
means of exhibitions, advertisements, publications, grouped orders and despatches,
without operating under their own name but under their own responsibility.
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Chapter 7 – Trade Union Rights
Article 210 – Employers are forbidden from taking into account the fact that workers are
members of a trade union or that they play an active role in a trade union when taking
decisions relating to recruitment, work management and distribution; professional training,
promotion, wages and the granting of social benefits, disciplinary and dismissal measures.
Company Directors or their representatives shall not resort to any pressure for or against any
trade union organization whatsoever.
Any measure taken by the employer contrary to the provisions of the previous paragraphs
shall be considered as abusive and shall result in the payment of damages.
Article 210 – 2 (Law No. 6-96) For all companies located in the Republic of the Congo,
workers have first tier trade union rights, in full compliance with the rights and freedoms
enshrined in the Constitution.
Similarly, professional trade unions have the right to freely organize themselves within these
companies.
Article 210 – 3 (Law No. 6-96) In companies with at least 30 workers, each of the trade
unions represented and having at least one current staff delegate may establish trade union
sections to represent the professional interests of their members vis-a-vis the employer.
Article 210 – 4 (Law No. 6-96) Trade union sections have as their main purpose:
 Displaying trade union notices;
 Publishing and distributing trade union or professional information to their members;
 Collecting trade union dues within the company;
 Organizing regular meetings for their members on company premises;
 Negotiating Establishment or Company Agreements.
Article 210 – 5 (Law No. 6-96) In companies with at least 50 workers, trade union sections
shall have a common room placed at their disposal by the employer for the carrying out of
their activities. The conditions governing the use of this room shall be determined by
agreement of the parties with the Company Director.
Article 210 – 6 (Law No. 6-96) Members of the Trade Union section Bureau shall be entitled
to the same protection as staff delegates in relation to dismissal.
Article 210 – 7 (Law No. 6-96) A Decree by the Ministry of Employment, after consultation
with the National Consultative Labour Commission, shall determine the conditions governing
trade union activities within companies, and in particular:
 The distribution of trade union section Bureau members in terms of company staff
numbers;
 The method for nominating trade union section Bureau members and the conditions
that they must fulfil in order to be elected.
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Heading 8 – Resolution of Work Disputes
Chapter 1 – Individual Disputes
Section 1 – Work Tribunal Responsibilities
Article 211 – Work Tribunals deal with individual disputes that may arise between workers
and employers, or apprentices and their master, in terms of work or apprenticeship contracts.
These Tribunals shall reach a decision on all individual disputes concerning Collective
Agreements or Decrees. Their competence shall also extend to disputes concerning the Social
Security system and work disputes between workers resulting from problems between
Contractors and Sub-Contractors in the cases set forth in Article 70.
Article 212 – The competent Tribunal shall be the local Court at the place of employment.
However, for disputes arising from the rescission of a Work Contract, notwithstanding any
agreement concerning which court is competent, workers whose place of recruitment is in an
area other than their place of employment shall have a choice between the Tribunal located in
their place of recruitment or the one located in their place of employment.
Section 2 – Work Tribunal Organization and Procedures
Article 213 – Work Tribunals shall be established by means of a Decree, based on a joint
proposal from the Minister of Justice and the Minister of Employment and Social Security,
after approval by the Supreme Court.
For each Work Tribunal, the Decree shall determine the headquarters, its field of territorial
competence and its sub-division into professional sections insofar as warranted by the labour
market.
Article 214 – From an administrative standpoint, Work Tribunals shall come under the
jurisdiction of the Minister of Justice.
Article 215 – Work Tribunals shall be comprised of:

 1) A President appointed by the Minister of Justice;
 2) An Employer Assessor and a Worker Assessor chosen from the list drawn up in
accordance with Article 216 hereunder. The President shall nominate an Employer
Assessor and a Worker Assessor from the relevant category for each matter;
Should they be unavailable, Titular Assessors shall be replaced by the same number
of Deputy Assessors.
 3) A Head Clerk of the Court nominated by the Head of Judicial Services.
Article 216 – Assessors and their Deputies shall be nominated by Joint Decree of the Minister
of Employment and Social Security and the Minister of Justice. They shall be selected from
the lists submitted by the most representative trade union organizations, or if this is not
possible, by Labour and Social Legislation Inspectors; the list shall contain twice the number
of positions to be filled.
Titular or Deputy Assessors’ mandates shall run for one year; these may be renewed.
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Assessors or their Deputies shall show proof that their civil and political rights are intact.
Furthermore, they shall not have been the subject of any correctional sentence, with the
exception, however of the following:
 Sentences for offences due to carelessness unless they also offended by taking flight;
 Sentences handed down for infractions (other than those referred to as offences), in
relation to company law, insofar however as the resulting penalty is not contingent
upon evidence of bad morals on the defendant’s part and only resulted in a fine.
Any assessors who face a sentence referred to above or who have lost their civil or political
rights shall have their mandate rescinded.
Article 217 –Titular or Deputy Assessors who have gravely failed to carry out their duties
shall be ordered to appear before the Work Tribunal and explain themselves in relation to the
matters of which they are accused.
The President of the Work Tribunal and the State Public Prosecutor shall initiate this
summons.
Within a period of one month after the hearing, Minutes of the hearing shall be despatched by
the President of the Work Tribunal to the State Public Prosecutor.
These Minutes shall be submitted by the State Public Prosecutor along with his views to the
Minister of Justice.
By means of a Joint Decree giving full motivation details by the State Public Prosecutor and
the Minister of Employment and Social Security, the following verdicts may be decided:
 Reprimand or sanction;
 Suspension for a period of time not exceeding six months;
 Disqualification.
Disqualified assessors may not be nominated again for the same position.
Article 218 – Assessors and their Deputies shall swear the following oath before the
competent Court of High Instance: “I hereby swear that I shall discharge my duties with zeal
and honour and that I shall keep the deliberations secret.”
However, if the individual cannot be present, this oath may be sworn in writing.
Article 219 –Titular and Deputy Assessors on a Work Tribunal shall not be paid.
However, Assessors may receive subsistence and travel allowances, the amount of which
shall not be less than the amount of wages and indemnities they have foregone; this amount
shall be determined by Decree.
Section 3 – Work Tribunal Procedures
Article 220 – Work Tribunal Procedures at all levels are free of charge.
Furthermore, workers shall be entitled to legal assistance in the implementation of judgements

in their favour; when a worker, having won the case, is unable to secure an amicable
implementation of the verdict, he/she shall request the Tribunal President to issue an
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execution order to be inscribed on the copy he/she has received that an implementation officer
be nominated to enforce this.
Article 221 – Proceedings shall be initiated by means of a verbal or written statement

addressed to the Head Clerk of the Work Tribunal. This statement shall be recorded in a
special Register and an extract of the statement shall be sent to the party who initiated the
proceedings.
Article 222 – Within a period of two days from receipt of the request, Sundays and Public
Holidays excluded, the President shall convene a hearing within a period that may not exceed
12 days, plus, if necessary, appropriate travel time in accordance with Article 239 and
summons the parties to appear.
This summons shall include the name and profession of the applicant, details of the motive
for the application, and the time and date of the hearing.
The summons shall be made in person or at the person’s domicile through an administrative
officer specially appointed for this purpose. It may also be made by registered letter with
notice of receipt. In the case of an emergency, it may also be made by telegram; if the
person’s domicile is not known, the summons shall be submitted to the Bar.
Article 223 – The parties thus summoned have an obligation to attend on the day and at the
time nominated, whether in person or through a representative, and appear before the Work
Tribunal. They may be assisted or represented by a worker or an employer belonging to the
same field of activity, by an officially accredited lawyer at the Bar, by a defence Lawyer or by
a representative of a trade union organization of which the person is a member. Employers
may, furthermore, be represented by a Director or by an employee of the Company or
establishment concerned.
With the exception of lawyers, the parties’ mandated representative shall be nominated in
writing.
Article 224 – If, on the day set for his/her appearance, the applicant contacted personally or
through his/her domicile does not appear and is unable to provide evidence of a case of force
majeure, the matter shall be dismissed; it may only be re-listed once and subject to the
conditions governing the initial listing, failing which the matter shall be considered to have
been dismissed.
Should the defendant fail to appear and be unable to provide evidence of a case of force
majeure, or if his defence in the form of a report has not been submitted, the judge shall find
against him/her and the Tribunal shall itself deliberate on the merits of the application.
Article 225 – Work Tribunal Assessors may be declared incompetent in the following cases:
 1) When they have a personal interest in the dispute;
 2) When they are parents or related to one of the parties to the sixth degree;
 3) If, during the year preceding the incompetency challenge, there have been penal or
civil proceedings between them, and one of the parties or the party’s spouse is
directly related to them;
 4) If they have provided their views in writing on the matter under dispute;
 5) If they are the employers or workers of one of the parties involved.
Such charges of incompetence shall be dealt with before any debates occur. The President
shall immediately hand down his decision; if the application is denied, the debate shall not
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take place; if it is admitted, the matter shall be postponed until the next hearing at which
Deputy Assessors are available.
Article 226 – When the parties appear before the Work Tribunal, a conciliation attempt shall
be made.
If an agreement is reached, an Official Report shall immediately be drawn up in the

Deliberation Register of the Tribunal to the effect that the matter has now been resolved
amicably.
An extract of the Conciliation Report signed by the President and the Head Clerk shall have
force of law.
Article 227 – Should only partial agreement be reached, an extract of the Official Report
relating to those matters for which an agreement has been reached, signed by the President
and the Head Clerk shall have force of law for the parties and a separate Official Report for
those matters where there was no agreement shall also be drawn up.
Section 4 - Judgement
Article 228 – Should no conciliation be achieved, or for the portion of the matter still under
dispute, the Work Tribunal shall maintain the hearing and shall immediately examine the
matter; no postponement may be decided without the agreement of the parties within a
maximum period of a fortnight, but the Tribunal may still hand down a decision giving its
reasons and calling for all enquiries, visits of the premises concerned and any information
requests to be made.
Article 229 – The hearing shall be open to the public, with the exception of the conciliation
process.
The President shall direct the deliberations, interrogate and confront the parties, hear the
witnesses cited by the parties’ or by himself, subject to the provisions of Article 222. He shall
hear any other individual whose statement he considers useful in order to resolve the dispute,
and may undertake or have undertaken expert assessments he deems fit.
The police officers present in the hearing and deliberation room shall be under the authority
of the President who himself is endowed with the powers of the President of the Court of
Instance by the provisions of the Civil Procedural Code.
Article 230 – Once the deliberations have ended, the Tribunal shall deliberate immediately in
closed session. Unless subject to deliberation for a maximum period of 15 days, the verdict
shall be drawn up forthwith and the hearing shall resume for the purposes of reading out this
verdict, also giving its motivation.
Article 231 – The verdict shall be transcribed by the Head Clerk in the Register of Final
Decisions and shall be signed by the President and the Head Clerk.
Article 232 – (Law No. 6-96) The verdict may call for immediate implementation,
notwithstanding any opposition or appeal and with reserve but without security (bail). This
implementation shall only relate to the legal portions or those coming under an agreement
which are not the subject of dispute. For the remainder, temporary execution may be ordered
so as to allow for security or bail. At their request, a copy of the verdict signed by the
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President and the Head Clerk shall be given to the parties. The Head Clerk shall note this in
the margin of the document together with date and time.
Article 233 – Should the verdict be handed down by default, it shall be communicated,
subject to the conditions of Article 222 and without cost, to the defaulting party by the Head
Clerk of the Work Tribunal or by an administrative officer appointed for this purpose by the
President.
If, within a period of 10 days after this, the defaulting party has not opposed the verdict
subject to the provisions of Article 221, the verdict shall be enforceable. If there is any
opposition, the President shall convene the parties anew, as set forth in Article 222;
notwithstanding default or appeal, the new verdict shall be enforceable.
Article 234 – Married women have the right to conciliate, lodge applications or be defendants
in the Work Tribunal.
Section 5 – Competence of Work Tribunals and Appeal Procedures
Article 235 – Work Tribunal Judgements shall be final and without appeal, except under the
heading of competence, when the amount does not exceed 25,000 CFA Francs. Above
25,000 CFA Francs, judgements may be appealed in the Appeals Court.
Article 236 – The Work Tribunal shall hear all reconventional or compensation applications
that, by their nature, come within its competence. When each of the main reconventional or
compensation applications do in fact come under its competence, and as a last resort, the
Work Tribunal’s decision shall be without appeal.
If one of the applications may only be heard in the case of an appeal, the Tribunal shall only
hand down its verdict under appeal. However, it shall hand down a decision as a last resort
insofar as only the reconventional application for damages, based exclusively on the main
application, is beyond its competence as a last resort. It shall also hand down its decision
without appeal in the case of default by the defendant, if only those reconventional
applications submitted by the defendant are beyond its competence as a last resort, whatever
the nature and amount of the application concerned.
If a reconventional application is considered to be without foundation and formulated solely

in order to render the judgement appealable, the author of this application may be sentenced
to damages in favour of the other party, even in the case where when appealed, the initial
judgement was only partially confirmed.
Article 237 – The judgement may be appealed within 15 days of the handing down of the
judgement, subject to the provisions of Article 221.
Within eight days of the judge’s decision, an appeal may be lodged with the Head Clerk of
the Appeals Court, along with a copy of the judgement, as well as all letters, reports and
documentation initially submitted by the parties and subsequently submitted for the purposes
of the appeal.
The appeal shall be judged on the basis of the evidence submitted. However, the parties may
ask to be heard; in this case, representation of the parties shall be in accordance with the rules
set forth in Article 223.
A final Order shall be handed down within two months from the submission of the Appeal
Statement to the Court.
Page 63 of 75
The provisions of Article 220 relating to the execution of judgements shall also apply to any
such Orders.
Article 238 – Appeals to the Court of Cassation are receivable against last resort Orders or
Judgements.
Such appeals shall be submitted and judged in accordance with the prevailing legislation
relating to cassation procedures under civil law.
Article 239 – Decrees by the Minister of Justice shall determine the form of the Registers and
the periods allowed in case of distance.
Section 6 – Prior Conciliation under the Responsibility of the Labour and Social
Legislation Inspector
Article 240 – (Law No. 6-96) All workers or employers shall request the Labour Inspectorate
to resolve the dispute amicably.
As soon as he receives such a request, the Labour Inspector shall convene a meeting of the
parties for conciliation. In such a case, the expiry period referred to in Article 99 shall be
suspended until the date of the Official Report signifying the conclusion of the conciliation
attempt.
The parties shall appear before the Labour Inspector at the date and time specified in the
convocation. If they refuse to comply, the Labour Inspector shall record this infraction in the
Official Report.
The Labour Inspector shall verify that the parties are prepared to reconcile immediately, on
the basis of the rules set forth in prevailing legislation, regulations, Collective Agreements
and Individual Contracts.
If conciliation has been achieved, at the request of the most diligent party, the enforceable
formula shall be appended by order of the President of the Work Tribunal to the Conciliation
Report drawn up by the Labour Inspector.
Execution shall proceed in the same manner as in the case of a Work Tribunal judgement.
The competent President of the Tribunal shall be the one in the jurisdiction of signature of the
Conciliation Report.
Article 241 – Failing amicable resolution of the dispute or if such conciliation attempts fail,
the matter shall be submitted to the Work Tribunal, according to Article 221.
Chapter 2 – Collective Disputes
Article 242 – (Law No. 6-96) All professional and collective claims shall be recorded in a
claim book submitted to the employer for the purposes of negotiation. These negotiations
shall be initiated within seven days at the latest of the date of submission of the claim, unless
one of the parties is otherwise engaged, in which case this unavailability shall have to be duly
Page 64 of 75
notified and justified to the other party at least 24 hours before the planned start of
negotiations.
In such a case, the parties shall agree on a second date for resuming the negotiations. In all
cases, negotiations shall start within 7 days at the latest from the date of submission of the
claim.
If internal negotiations fail, the most diligent party shall contact the territorially competent
Labour Inspector in writing for the purposes of conciliation.
The parties shall be convened by the Labour Inspector or the official in charge of the
competent labour supervision office in charge of conciliation. The parties may be replaced by
a qualified representative to attempt conciliation.
If one of the parties does not appear or is not validly represented, the Labour Inspector or the
official in charge of the competent labour supervision office shall convene another meeting
within a period that may not exceed two (2) full days, without prejudice to this party of a
sanction by the penal jurisdiction, based on an Official Report drawn up by the above
competent authorities in accordance with new Article 255 of this Code.
Conciliation agreements shall be recorded in an Official Report drawn up immediately and

signed by the parties who shall receive certified copies. These reports are compulsory and
shall be enforceable on the day they were submitted, in accordance with Article 247.
Article 242 – 2 (Law No. 6-96) In the case of disagreement, the Labour Inspector shall draw
up an Official Report of non-conciliation signed by the parties and highlighting the points on
which there is disagreement. Negotiations shall continue, in accordance with the procedure
set forth in Articles 243 to 248 of this Code relating to the Recommendation Commission.
Article 242 – 3 (Law No. 6-96) In the case of refusal to negotiate, particularly on the part of
the employer, duly noted by the Company’s Labour Inspector, workers may immediately
resort to their right to strike.
Article 243 – When the conciliation attempt has not been successful, the Official Report of
non-conciliation drawn up immediately shall specify the issues still under dispute, and this
report shall then be subjected to the recommendation procedure.
Within a period of 2 full days, the Labour and Social Legislation Inspector or the official in
charge of the competent labour supervision office shall convene another meeting of the
parties so that they may nominate the President of the Recommendation Commission as well
as two experts to be members of this Commission.
In the case of disagreement between the parties concerning the experts to be nominated, these
shall be designated by the Minister of Employment and Social Security within a period of 48
hours.
The President and the experts shall be chosen from: members of parliament, municipal,
district and regional councillors, members of the chambers of commerce, agriculture and
industry, recipients of the Congolese Merit Award, the “Légion d’Honneur”20 or the Social
Merit, or individuals renowned for their moral authority or competence in economic or social
issues.
20
Translator’s Note: “Legion of Honour”, a French decoration.
Page 65 of 75
Article 244 – As soon as the 2 experts have been appointed, the Labour and Social
Legislation Inspector or the official in charge of the competent labour supervision office shall
refer the dispute to the President of the Recommendation Commission. Upon reception of the
Official Non-Conciliation Report, the Commission shall be considered to be dealing with the
matter. It shall not discuss any subjects other than those set forth in the Official Non-
Conciliation Report or those resulting from events occurring subsequent to the drafting of the
Official Report and directly from the issues under dispute.
The Recommendation Commission shall have the right to hand down its decision in relation
to any conflicts arising from the interpretation of legislation, regulations, Collective
Agreements or other types of agreements in force.
It shall hand down its decision in all fairness in relation to other conflicts, and in particular
when they relate to wages or working conditions not determined by the provisions of
prevailing legislation, regulations, Collective Agreements or other agreements in force, or
where these conflicts relate to the entering into or revision of clauses of these agreements and
Collective Agreements.
Article 245 - (Law No. 6-96) The Recommendation Commission has the widest powers in
terms of collecting information in relation to the economic status of the companies and the
social situation of the workers affected by the conflict.
With this goal in mind, the Commission may conduct enquiries within the companies and
their trade unions and may request from the parties any accounts or financial documents or
other information it may consider useful. It may call upon the services of any qualified
individuals able to provide this information, such as accredited chartered accountants.
These experts shall respect professional confidentiality in relation to any documents they
receive in this regard.
At their request, the parties shall be heard by the Recommendation Commission. They may
submit any documentation they consider useful for the Commission’s deliberations.
Within a period of seven (7) days, the Commission shall prepare a detailed report on its
investigations. The conclusions of this report shall propose a draft plan for resolving the
dispute in the form of recommendations.
Article 246 – The report and its recommendations shall be submitted immediately to the
Labour and Social Legislation Inspector or to the official in charge of the competent labour
supervision office who shall then despatch these to the parties within a period of 24 hours.
Once 4 full days from the date of notification of these reports and recommendations to the
parties have elapsed, and if neither of the parties has expressed any opposition, the
recommendation becomes enforceable, subject to the provisions of the Article hereunder.
Opposition shall be expressed within the same time period by registered letter addressed to
the Labour and Social Legislation Inspector or to the official in charge of the competent
labour supervision office; otherwise it shall be null and void. Receipt of despatch of the letter
shall be considered as evidence of opposition.
Article 247 – When a conciliation agreement or an enforceable recommendation relates to the

interpretation of the clauses of a Collective Agreement, or agreement on wages or working
conditions, this conciliation agreement or recommendation shall have the same effect as a
Collective Work Agreement.
Page 66 of 75
If the agreement or recommendation has been handed down in order to resolve a conflict in a
field of activity to which the application of a Collective Agreement has been extended, in
application of Article 58 of this Code, at the request of the trade unions, signatories to the
extended Collective Agreement, this agreement or recommendation shall be subject to an
extension Decree in accordance with the provisions of Article 58 quoted above; this Decree
may be revoked subject to the provisions of Article 59 of the Code.
Should no date of application of the conciliation agreement and recommendation be specified,

the applicable date shall be that of notification of the conflict to the Labour and Social
Legislation Inspector.
Conciliation agreements and recommendations shall be published immediately in the Official

Journal and displayed in the offices of the Labour and Social Legislation Inspectors, in the
headquarters of the trade union headquarters and in the place of employment where the
conflict arose.
The Minutes shall be deposited with the Head Clerk of the Tribunal on the day they are
finalized.
The costs arising from the conciliation and recommendation procedure and in particular
experts’ travel costs, as well as loss of wages or salary and cost of expert assessments shall be
paid from the State budget.
Article 248 – Enforceable recommendations may be subject to an appeal to the Supreme

Court for excessive use of power or violation to the law.
Strikes launched after opposition to the recommendation has arisen shall not result in Work
Contracts being broken.
Article 248 – 2 (Law No. 6-96) Any concerted and collective work stoppage aimed at
obtaining satisfaction of professional demands already recorded in a book of demands and as
yet not satisfied by the employer, either because of failure of the conciliation negotiation
process and recommendation, or because of a refusal to negotiate on part of the employer,
shall be considered to be strikes.
Article 248 – 3 (Law No. 6-96) All strikes launched as a result of one or several professional
collective demands remaining unsatisfied, whether as a result of failed arbitration
negotiations, conciliation or recommendation, or a refusal to negotiate on part of the
employer, shall be considered legal.
Article 248 – 4 (Law No. 6-96) The following shall be considered illegal or abusive:
 A strike launched in contravention of the provisions of new Article 242, or Articles
242-2, 242-3, 248-15 and 248-16;
 A strike based on political motives;
 Solidarity strikes insofar as the workers are not personally affected in any way by the
reason for the strike.
Article 248 – 5 (Law No. 6-96) With the exception of a serious offence on part of the worker,
a strike shall cause the suspension of Work Contracts.
Article 248 – 6 (Law No. 6-96) Employers shall thus be exempt from paying wages to strikers
for the duration of the strike. However, they shall not be exempt from doing so if an
Page 67 of 75
agreement to end the strike is based on the fact that strike days shall be paid, or if the strike
was caused by a fault on part of the employers.
Article 248 – 7 (Law No. 6-96) Employers are authorized to deduct strike days when
assessing the yearly leave to which workers are entitled.
They shall also be entitled to supervise or reduce all bonuses and indemnities relating
specifically to the work performance on a pro-rata basis relative to the duration of the strike.
Article 248 – 8 (Law No. 6-96) Employers shall ensure that those workers who are present at
work on the premises during the strike have the means to carry out their work.
Article 248 – 9 (Law No. 6-96) Working hours lost as a result of a strike may not be made up
for afterwards, unless there is an agreement to this effect between the parties.
Article 248 – 10 (Law No. 6-96) During strike days, workers retain their entitlement to the
social benefits defined in prevailing legislation, regulations and Collective Agreements.
Article 248 – 11 (Law No. 6-96) The following are considered to be instances of serious
misconduct during a strike, without this list being exhaustive, and subject to the decision of
the competent authorities:
 Occupation on the premises;
 Deliberate beating of and injury to the employer;
 Illegal sequestration of the employer;
 Prevention of the freedom to work;
 Sabotage, theft or destruction of the company’s goods or equipment;
 Participating in an illegal strike.
In such cases, there shall be rescission of the work contract, in accordance with the provisions
of new Articles 41 and 176 of this Code.
Article 248 – 12 (Law No. 6-96) In addition to being noted on the Work Contract, the acts
referred to above shall be subject to penal proceedings.
Article 248 – 13 (Law No. 6-96) The provisions of this Heading shall apply to the staff of
public or private companies, organizations and establishments where the latter are responsible
for managing services employing workers under this Labour Code.
Article 248 – 14 (Law No. 6-96) When the staff referred to in Article 248 – 13 resort to their
right to strike, prior notice of collective work stoppages shall be given.
This notice shall be decided during the General Assembly of the workers of the companies,
organizations or services concerned; it shall specify the reasons underlying the decision to
strike.
This notice shall be received seven (7) full days before the strike is launched by the
Management of the establishment, company or organization concerned, and shall specify the
place, date and time of the strike envisaged as well as its duration and whether limited.
During the period of notice, the interested parties may continue to negotiate. Not providing
prior notice shall render the strike illegal.
Page 68 of 75
Article 248 – 15 (Law No. 6-96) The right to strike in the public service shall be limited
insofar as the employer shall put in place minimum services essential to safeguard the general
public interest. Should workers nominated by the employer to provide these minimum
services refuse to do so, this shall be assimilated to a serious offence on their part.
Article 249 - (Law No. 6-96) Lock-out is a temporary closure of the establishment or
company decided by the employer as a result of a worsening social climate on the premises.
Article 249 – 2 (Law No. 6-96) Such an act shall be considered legal in the following cases:
 When the Director of the establishment is able to prove that running the company has
become impossible;
 Lock-out may be presented as a reaction to faulty work that cannot be subsumed
under the normal right to strike;
 When order and safety in the company have been compromised to a sufficient degree.
Article 249 - 3(Law No. 6-96) Employers are exempted from paying for non-worked hours or
days when there is lock-out in accordance with the previous Article.
Article 249 – 4 Strikes and lock-outs shall only take place after all the above procedures have
been exhausted. The competent authority shall determine whether a strike or lock-out is
illegal.
Heading 9 – Penalties
Chapter 1 – Fines
Article 250 – Any Work Tribunal Assessors, who have not, on two successive occasions and
without a valid reason on their part, carried out their duties satisfactorily, shall be declared
incompetent by the Tribunal for the duration of their mandate.
Article 251 - (Law No. 6-96) Shall be subject to a fine ranging from 10,000 to 20,000 CFA
Francs, and in the case of a second offence, to fines ranging from 20,000 to 36,000 CFA
Francs:
 a) Individuals responsible for infractions to the provisions of Articles 71, 72, 74, 85,
87 (3), 88 and 182 (penultimate paragraph);
 b) Those responsible for infractions to the provisions of the Orders and Decrees
referred to in Articles 25, 75, 105, 181 and 182 (1st paragraph);
 c) Employers, their legal proxies or officials responsible for failing to display notices,
in accordance with the provisions of Article 103.
In relation to infractions to the Decree referred to in Article 182 (1st paragraph), a fine shall be
imposed for every instance of missing or erroneous records.
Francs:
 a) Individuals responsible for infractions to the provisions of the Orders and Decrees
referred to in Article 118;
 b) Those responsible for infractions to the provisions of Articles 9, 117 (2) and 134;
Page 69 of 75
 c) Those responsible for infractions to the provisions of Article 141 sub-paragraphs 1

and 4, as well as employers who do not keep safety, medical visit, work accident and
professional and non professional sickness registers.
Article 252 – 2 (Law No. 6-96) The payment of amounts due as a result of the application of
the monetary penalties referred to in Article 154 and mentioned in this Code shall be payable
within a maximum period of 15 days as of the date of notification of the amount of such fines.
Article 253 - (Law No. 6-96) Infractions to Articles 184 to 187 inclusive, 199 and 206 shall
entail legal proceedings against the Administrative Directors of Trade Unions and shall be
punishable by means of a fine ranging from 25,000 to 30,000 CFA Francs.
Should a false declaration be made in relation to the Statutes or the name and qualifications of
the Trade Union Administrators and Directors, the amount of the fine shall rise to 36,000
CFA Francs.
The penalties set forth in the commercial legislation in force in regard to the production of
fake goods, appending fake labels, or fraudulent use of commercial trademarks shall also
apply to the production of fake goods, imitations or the fraudulent use of trade union
trademarks or quality-labels.
Chapter 2 – Offences
Francs:
 a) Individuals responsible for infractions to the provisions of the Orders and Decrees
referred to in Articles 76, 77, 108, 109, 110 (2), 113, 114, 142, 143 and 155 (e-4);
referred to in Articles 28, 112, 116, 137 and (new) Article 173;
 c) Any individual who has sent the Regional Labour Directorate or the National
Employment and Labour Office a summary of contracts that do not comply with the
legal provisions;
 d) Any individual who does not possess a financial guarantee certificate or who has
not sent one to the Regional Directorate or to the National Social Security Fund;
 e) Any individual who has not stated in the company documentation or on the display
documents the name and address of the guarantor.
Should the individual re-offend a third time, an imprisonment sentence of 12 to 20 days shall
be mandatory.
In the case of infractions under Article 76, should the individual re-offend a third time, the
maximum imprisonment sentence shall be mandatory.
In the case of infractions to Article 116, penalties shall not be imposed if the infraction is a
mistake regarding the age of the children recorded in the worker’s notebook.
Francs:
Page 70 of 75
 a) Individuals responsible for infractions to the provisions of Articles 10, 47, 16, 58
(in relation to wages, bonuses and indemnities of any kind), 100, 122, 134, 135, 164
and new Article 242;
referred to in Articles 60, 83 and 101;
 c) Any individual who has given employment to a foreign national who does not have
a valid residential permit or a work permit for a profession other than the one in
which he/she is employed;
 d) Any individual who recruits a foreign worker whose contract with his/her previous
employer has not expired or has not been rescinded as a result of a judicial decision,
unless the worker has been duly authorized by the Minister of Employment; such an
authorization reserves the rights of the previous employer towards the worker or the
new employer;
 e) Any individual who has not sent the summaries of work contracts relating to
temporary employment to the Directorate-General of Employment or to the National
Employment and Labour Office.
Should the individual re-offend a third time, an imprisonment sentence of 12 to 20 days shall
be mandatory.
Article 255 – 2 (Law No. 6-96) Shall be subject to a fine ranging from 100,000 to 250,000
CFA Francs and, in the case of a second offence, from 200,000 to 500,000 CFA Francs any
individual who has not respected the principle of equal pay (within the meaning of Article 7-
3).
A third offence shall result in mandatory imprisonment of 15 to 20 days.
Article 255 – 3 (Law No. 6-96) Apart from the penalties set forth for non-compliance with the
provisions relating to the premature breaking of contracts or advance notice periods, any
infractions in relation to Fixed-Term Work Contracts shall be subject to a fine ranging from
100,000 to 300,000 CFA Francs and, in the case of a second offence, to fines ranging from
150,000 to 500,000 CFA Francs; this penalty shall apply in every instance where recruitment
is irregular. A second offence shall result in mandatory imprisonment of 15 days maximum.
Francs and, in the case of a second offence, to fines ranging from 300,000 to 600,000 CFA
Francs any individual who has prevented or attempted to prevent the free designation of
Trade Union Bureau members or the regular carrying out of their duties.
A third offence shall result in mandatory imprisonment of 20 days.
Article 256 – 2 (Law No. 6-96) Shall be subject to a fine ranging from 200,000 to 500,000
CFA Francs and, in the case of a second offence, to fines ranging from 500,000 to 1,000,000
CFA Francs any individual who has not respected the principle of equal access to collective
benefits in the case of temporary employment.
A third offence shall result in mandatory imprisonment of one month.
Francs and, in the case of a second offence, to fines ranging from 900,000 to 1,100,000 CFA
Francs:
 a) Individuals responsible for infractions to the provisions of Articles 4, in relation to
the prohibition of forced labour; 87 (2), in relation to the payment of wages in the
Page 71 of 75
form of alcohol or alcoholic beverages; 103, with the exception of display offences,
104 and 166;
 b) All individuals who have deliberately provided a false statement relating to a work
accident or professional sickness;
 c) All individuals who, by means of violence, threats or any other types of pressure,
force or attempt to force a worker to be recruited against his/her will or who, by the
same means, tries to prevent him/her or prevents him/her from fulfilling the
obligations set forth in his/her Contract;
 d) Any individual who, by using a fictitious contract or worker book containing
incorrect information, has been recruited or has willingly replaced another worker;
 e) Any employer, official proxy or official who has deliberately recorded in the
worker’s book, the employer register or any other document, false information in
relation to the duration of employment or working conditions of the employee, as
well as any individual who has deliberately made use of this false information;
 f) Any employer, official proxy or official who has deliberately recruited, tried to
recruit or maintained the employment of a worker who is still under work contract to
another employer; an apprentice still under an apprenticeship contract, or a trainee
undertaking professional training in a professional training centre, without prejudice
to any entitlement to damages that may be awarded to the wronged party;
 g) Any individual who has demanded or accepted from a worker any type of
remuneration as an intermediary in terms of the payment of wages, indemnities,
allowances and expenses of any kind;
 h) Any individual working as a Temporary Employment Agent despite being
prohibited from doing so.
A third offence shall result in mandatory imprisonment of one month.
Article 257 – 2 (Law No. 6-96) Shall be subject to a fine ranging from 300,000 to 1,000,000
CFA Francs and, in the case of a second offence, to fines ranging from 600,000 to 1,000,000
CFA Francs, any user:
 a) Who has resorted to an intermediary where this is not authorized by the legislation,
for a duration longer than the maximum allowed, or is unaware of the provisions
relating to the term or renewal;
 b) Who has called for a temporary worker but is unaware of the provisions relating to
temporary employment (strike, dangerous work);
 c) Who has not respected the provisions relating to temporary employment following
economically motivated dismissal;
 d) Who has not respected the unpaid gap between two work contracts;
 e) Who has used the services of an intermediary without entering into an availability
contract within the period stipulated, in accordance with the legal requirements or by
providing deliberately false information in the contract of availability.
A third offence shall result in mandatory imprisonment of two to four months.
Article 257 – 3 (Law No. 6-96) Shall be subject to a fine ranging from 500,000 to 1,100,000
CFA Francs and, in the case of a second offence, to fines ranging from 1,000,000 to
3,000,000 CFA Francs, any Temporary Employment Agent:
 a) Who has made available a temporary worker without an availability contract being
entered into with the user within the prescribed period of time;
 b) Who has recruited a temporary worker without having sent a written contract
within the prescribed period, who has entered into a contract without certain
information (availability, remuneration) being specified, or who has entered into a
contract containing deliberately false information;
Page 72 of 75
 c) Who works exclusively as a temporary employment agent, without having

informed the administrative authorities, or without the required financial guarantee.
A third offence shall result in mandatory imprisonment of 2 to 6 months.
Article 257 – 4 (Law No. 6-96) In the cases referred to in new Article 254 (c, d and e), 255-2,
256-1, new Article 257 (h), 257-2 and 257-3, the court may order that the judgement be
displayed on the entrance door of the establishment and that it be published in designated
newspapers at the expense of the temporary employment agent or user who is being
sanctioned.
In relation to the provisions of Article 73-14, the court may either prohibit the temporary
employment agent from practising for a period ranging from two to ten years or order the
closure of the company for a period not exceeding two months.
Article 257-5 (Law No. 6-96) Shall be subject to a fine ranging from 900,000 to 1,500,000
2,000,000 CFA Francs:
 a) Individuals responsible for infractions to the provisions of Articles 132, 133, 135,
140, 141, 146 and 147;
 b) Those responsible for infractions to the provisions of the Decrees and Orders
referred to in Articles 137, 142 and 148.
A third offence shall result in mandatory imprisonment of 40 days.
Article 258 - (Law No. 6-96) Shall be subject to a fine ranging from 500,000 to 1,000,000
2,000,000 CFA Francs, any individual who has opposed or attempted to oppose the enforcing
of obligations or the exercising of powers of officials of the Labour Inspectorate and to the
Directors of the administrative jurisdictions who are acting as Deputies of the Labour
Inspector.
A third offence shall result in mandatory imprisonment of 2 to 6 months.
The provisions of the Penal Code in relation to stipulations and sanctions for acts of
resistance, outrage and violence towards judicial police officers shall also apply to those who
commit similar offences towards Labour and Social Legislation Inspectors or their Deputies.
Article 259 – Shall be subject to the sanctions set forth in the Penal Code in relation to breach
of trust any employer who has retained or used for his own personal interest or for that of his
company monies submitted as security.
Article 259 – 2 (Law No. 6-96) The payment of amounts due for monetary fines imposed in
Article 154 of this legislation shall be paid within a maximum period of 15 days as of the date
of notification of the amount of the fine.
Article 259 – 3 (Law No. 6-96) The provisions of the Penal Code in relation to delinquent
default shall apply to any individual who has not paid the fines set forth under this Heading
within the required period.
Article 260 - (Law No. 6-96) The provisions of the Penal Code in relation to suspended
sentences shall apply to all employers in relation to the infractions set forth and sanctioned
under this Heading.
Page 73 of 75
When a fine is handed down pursuant to this Heading, it shall apply as many times as there
have been infractions, without however the total amount of the fines imposed exceeding fifty
times the maximum amounts quoted above.
This rule shall apply in particular to cases where several workers were employed subject to
conditions contravening this legislation.
For the purposes of the application of new Articles 251 to 253, a second offence occurs when,
during the 12 month period preceding the sanctioned act, the sanctioned individual has
already been penalized for the same act.
A third offence occurs when the individual contravening these provisions has already re-
offended previously. However, third offences only apply when actual offences were
committed previously.
Article 260 – The provisions of the Penal Code in relation to suspended sentences shall apply
to all employers for the infractions covered by and sanctioned under this Heading.
When a fine is handed down under this Heading, it is incurred as many times as there were
infractions, without however the total amount of the fines imposed exceeding 50 times the
maximum amounts quoted above.
This rule shall apply in particular to cases where several workers were employed subject to
conditions contravening this legislation.
For the purposes of application of Articles 251, 252, 253, 254, 255 and 256, a second offence
occurs when, during the 12 month period preceding the act which is subject to sanction, the
sanctioned individual has already been penalized for the same act.
Article 261 – Company Directors are liable under the Civil Code for any sanctions handed
down against their legal proxies or officials.
Heading 10 – Transitional Provisions
Article 262 – (Law No. 6-96) Trade unions and professional associations in existence at the
time of entry into force of this legislation shall comply with its provisions within a period of
six (6) months following its promulgation.
Article 262 – 2 (Law No. 6-96) Temporary Employment Agents practising their profession at
the time of entry into force of this legislation shall comply with the declarations set forth in
Article 73-2.
Article 263 – (Law No. 6-96) The provisions of this legislation shall fully apply to current
Individual Contracts.
These provisions shall not be the reason for breaking these contracts.
Any clause of an ongoing contract that does not comply with the provisions of this legislation,
or of a Decree or Order enacted for the purposes of its application, shall be modified within a
period of six (6) months from the date of publication of this legislation or of the Decree or
Page 74 of 75
Order concerned. In the case of refusal to comply from one of the parties, the competent
authorities shall order, or be forced to order, that the necessary amendments be made.
Article 263 – 3 (Law No. 6-96) In relation to the provisions that are not contrary to this
legislation, existing regulations enacted in application of the laws dated 15 December 1952,
10/64 dated 25 June 1964 and 45/75 dated 15 March 1975 shall remain in force until the texts
set forth in this legislation enter into force.
Article 264 – (Law No. 6-96) Articles 55, sub-paragraphs 4, 5, 6, and 7 and 172 of Law No.
45/75 of 15 March are hereby abrogated.
Article 264 – 2 All provisions contrary to this legislation are hereby abrogated.
Article 265 – This legislation shall be enforceable as State Law.
Translated from the French by Sabine Bouladon, NAATI Accredited Professional Translator
No. 5520
Page 75 of 75

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Heading 1 – General Provisions............................................................................................1

Heading 1 - General Provisions

Article 4 – (Law No. 6-96) Forced or compulsory work is categorically forbidden.

Heading 2 – Labour Contracts

Section 1 – Contents and Format of Apprenticeship Contracts

Article 5 – An apprenticeship contract is a contract by means of which the head of an

In particular, it shall specify:

The master shall be responsible for obtaining approval of the contract.

Section 2 – Conditions applying to Apprenticeship Contracts

Section 3 –Master and Apprentice Duties

Section 4 – Termination of Apprenticeship Contracts

Proceedings for termination of an apprenticeship contract shall be initiated before

Section 5 – Control Measures for Apprenticeship Contracts

He shall be notified of any termination of apprenticeship contracts.

Chapter 2 – Individual Labour Contracts

Section 1 – Overall Provisions

Article 26 – An individual work contract reflects the will of an individual to discharge

Section 2 – Termination and Execution of Labour Contracts

Paragraph 1 – Fixed and Non-Fixed Term Contracts

 A precise description of the project involved;

This approval shall only be granted on condition that:

Paragraph 2 – Trial Recruitment Contracts

Section 3 – Termination of individual Labour Contracts

Paragraph 1 – Fixed-Term Contracts

Paragraph 2 – Trial Contracts

Paragraph 3 – Non-Fixed Term Labour Contracts

If there is no Collective Agreement, a Decree by the Minister of Employment issued after

individual or collective cases of dismissal for economic or structural reasons as well as

Paragraph 4 – Common or Particular Provisions relating to the Termination of individual

Section 4 – Suspension of Individual Labour Contracts

Section 5 – Economic and Technical Unemployment

Paragraph 1 – Economic Unemployment

Article 47 – 24 (Law No. 6-96) Economic unemployment is a suspension measure applying to

Paragraph 2 – Technical Unemployment

Paragraph 3 – Common Provisions

Article 47 – 15 (Law No. 6-96) Should economic or technical unemployment result in

Chapter 3 – Collective Agreements

Section 1 – Type and Validity of Agreements

Groups shall be responsible themselves for deciding how they deliberate.

An agreement for a non-fixed term may be terminated by either party.

Article 53 – Unless a Collective Agreement is in writing it shall be null and void.

Section 2 – Extendable Collective Agreements and Extension Procedure

Article 56 – It is mandatory that Collective Agreements referred to in this section include

They may also include, but this list is not exhaustive:

Article 57 – When a national Collective Agreement relating to a particular type of activity

Furthermore, any provisions contradicting prevailing legislation or regulations shall be

Article 60 – A Decree, enacted after consulting the National Consultative Labour

Article 61 – Any plan to extend or rescind a Collective Agreement shall be preceded by

Section 3 – Company Collective Agreements

Section 4 – Collective Agreements in the Services Industry, Public Companies

Article 64 – When a Collective Agreement is the subject of a Decree with an extension, in

Section 5 – Implementation of Collective Agreements

Article 65 – Groups of workers or employers bound by a Collective Agreement or agreement

Article 66 – Groups able to initiate court proceedings, bound by a Collective Agreement as

Article 67 – Individuals bound by a Collective Agreement as set forth in Article 62 above

Article 68 – Groups able to initiate court proceedings, bound by a Collective Agreement as

The Sub-Contractor shall himself recruit the workers he requires.

Article 71 – If a Sub-Contractor, whether or not listed on the Register of Commerce, carries

Chapter 5 – Temporary Employment

A contract drawn up for each individual worker shall:

This contract shall include: