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Written Agreements

Chadian labor law requires the following types of contracts to be in writing and submitted before the start of execution to the National Office for the Promotion of Employment:

• Contracts concluded with foreigners
• Contracts requiring the worker to relocate outside of the place of employment
• Fixed-term contracts for more than 6 months (including renewals)
• Contracts of indefinite duration

Provisions on probationary period must be in writing.

Chad's Labour Code does not explicitly mention non-compete clauses. Employees' involvement in acts of disclosure of company secrets or engagement with obvious competition can be considered professional misconduct, and employees can be suspended or dismissed for the same.

Oral Agreements

Chadian labor law acknowledges the existence of oral contracts of employment but provides no guidelines for their use. The existence of an employment contract is proven by all means.

Implied Agreements

The law in Chad recognizes implied contracts. Certain commitments are formed without any express agreement due to the authority of the law alone or of a personal act. Commitments can be formed involuntarily. Other obligations arise from a personal act when, either by act or omission. These "quasi-contracts" are purely voluntary and result from some commitment towards a third party or sometimes a reciprocal commitment of 2 parties. Employers should be careful when engaging potential employees and use written agreements.

Per Chadian labor law, the regular working hours for employees in non-agricultural establishments cannot exceed 39 hours per week. Any work done beyond this limit is considered to be overtime. The duration of overtime work performed by an employee cannot be more than 94 hours in a year. In agricultural establishments, the working hours cannot exceed 2,400 hours in a year.

All Saints Day (November 1), Anniversary of the Proclamation of the Republic (November 28), Christmas Day (December 25), New Year’s Day (January 1), Labor Day (May 1), National Day (August 11), Freedom and Democracy Day (December 1), Easter Monday (date may vary), Maouloud El Nebi (date may vary), Eid El Fitr (date may vary), Eid El Adha (date may vary)

Chadian Labor Law mandates that fixed-term contracts include a probation period of 1 working day per week of the contract duration. However, such a probationary period cannot exceed 15 days.

It also permits the use of a probationary period for employment contracts of indefinite duration. When the parties to the employment contract decide to subject their relations to a probationary period, the contract must be in writing and mention the duration of the probationary period. The probationary period is limited to 6 months for executives, 3 months for technicians and supervisors, and 1 month for other employees.

Notice Period

Per Chadian Labor Law, termination of an employment contract for an indefinite period does not become effective until the expiration of a notice period. The notice period begins on the day the letter notifying the dismissal is presented to the employee's home or on the day it is delivered directly to the employee by hand with a receipt.

A dismissed employee is entitled to a notice of 1 month if the employee has at least one year of service in the company, 2 months' notice when the employee has at least 3 years of service, and 15 days' notice in all other cases. An employee who has committed gross negligence justifying their dismissal is not entitled to notice, subject to the competent court's assessment concerning the fault's seriousness.

Severance Benefits

Per Chadian labor law, employees who, at the time of the effective termination of their work, have at least 2 years of service with the company are entitled to a termination indemnity payable by the employer. However, employees dismissed for gross misconduct are not eligible for a termination indemnity.

The termination indemnity is represented by a percentage of the average gross monthly salary over the last 12 months, excluding any allowance for dependents. This percentage is equal to:

• 25% per year for the first 5 years
• 30% per year for the next 5 years
• 35% per year from the 11th year onwards

For employees who become disabled due to a work injury or occupational disease, severance pay is increased by 5% in each case.

Minimum Wage

Chadian labor law provides the following types of wages: Guaranteed Interprofessional Minimum Wage (SMIG) and Guaranteed Minimum Wage Agricultural (SMAG).

The minimum wages were last set in 2011 and are currently:

• The SMIG is XAF 355 (Central African CFA francs) per hour for employees working for 39 hours per week.
  • The minimum wage for non-agricultural employees who are paid monthly is XAF 59,995
• The SMAG is XAF 302.80 per hour.
  • The minimum wage for agricultural employees who are paid monthly is XAF 60,560.

Salary must be paid monthly, and not later than 8 days after the end of the working month. Payment must be evidenced by a document drawn up or certified by the employer or their representative and signed by each person concerned or by 2
witnesses if the employee is illiterate.

Overtime, Holiday & Vacation Pay

Per Chadian labor law, the regular working hours for employees in non-agricultural establishments cannot exceed 39 hours per week. Any work done beyond this limit is considered to be overtime. An employee may not work more than 11 hours per day or 54 hours per week, including overtime. The total overtime hours worked by an employee cannot be more than 94 hours in a year.

The national collective agreement requires that the overtime hours are paid as follows:

• 10% increase in wages for the first 8 hours
• 25% increase in wages for the overtime beyond 8 hours
• 50% increase in wages for overtime worked during the night time
• 50% increase in wages for overtime worked during day time on weekly days of rest and holidays
• 100% increase in wages for overtime worked during the night time on weekly days of rest and holidays

The employer is obliged to pay an allowance for each day of the employee's annual leave. This benefit includes daily wages, salary supplements, allowances, miscellaneous bonuses, and commissions and should be paid out in full before the employee takes leave. Additionally, the employer is required to cover the travel expenses of the employees who live outside of their place of recruitment. In the event of a split leave, travel expenses are only due for the longest period of the split leave.

Visas

In Chad, the following types of visas are granted by the Ministry of Foreign Affairs:

• Direct transit visa: for a validity of 48 hours
• Transit visa without stopping
• Transit visa with stop: valid for 15 days
• Short stay visa: valid for 3 months
• Long stay visa: valid for 3 years
• Diplomatic visa
• Courtesy visa

Citizens with a passport for the following countries can visit Chad without a visa for up to 90 days: Burkina Faso, Cameroon, Central African Republic, Republic of the Congo, Ivory Coast, Equatorial Guinea, Gabon, Mali, Mauritania, Niger, Nigeria, Senegal, Togo, United Arab Emirates.

Work Permits

Foreign workers require a pre-employment authorization from the National Office for the Promotion of Employment. Employers have the responsibility to apply for the foreign employee's visa for the duration of the fixed-term contract.

The employer must notify the National Office for the Promotion of Employment within 15 days after the termination of an employment contract with a foreign national. Work permits are valid for 1 year and are renewable.