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Written Agreements

Côte d’Ivoire's Labor Code mandates written employment contracts for fixed-term and temporary employment. The law recommends that employment contracts with a trial period be made in writing, but if collective agreements require trial periods, there is no need to conclude written contracts.

Written contracts must include information on the employee and employer's identities, the employee's start date, the job's nature, remuneration, etc. The law also requires the contract to be written in French. The employer and the employee must sign it. A letter of hire can replace an employment contract. Finally, all employment contracts must be submitted to the Agence d'études et de promotion de l'emploi.

Oral Agreements

Côte d’Ivoire's labor law does not offer any provisions for oral contracts. Indefinite-term employment contracts can be made verbally. Fixed-term and temporary employment contracts must be made in writing.

Implied Agreements

The law recognizes agreements not made in writing, and the existence of an employment contract can be proven by all means. The actions of one party can create an obligation for the other. In the case of employment, a person who undertakes work at the direction of another person will be considered an employee of that person regardless of the existence of a contract.

Regular working hours are fixed at 8 hours per day, with a maximum of 40 hours per week. For agricultural employees, the maximum working hours are set at 48 hours per week. For non-agricultural employees, the maximum working hours are fixed at 44 hours per week. Working hours can be decided by a collective agreement between the employer and the employee but should not exceed 56 hours a week. Duration of night work cannot exceed 8 hours per shift with 2 breaks of 15 minutes each.

The Feast of 1 January, Easter Monday, Ascension Day, Monday of Pentecost, End of Ramadan (Eid-El-Fitr), Feast of Tabaski (Eid-El-Kebir), Fete of the Assumption (August 15), All Saints Day (November 1), National Day of Peace (November 15), Christmas Day (December 25), the day after the Night of Destiny (Lailatou-Kadr), the day after the birth of the Prophet Muhammad, and the following, each time they fall on a Sunday - the day after the National Day and the Day of Work, the day after the Feast of Ramadan, the day after Christmas Day, the day after the Feast of Tabaski.

A probationary period is a trial period that needs to be set in writing at the time of hiring, as follows:

• 8 days for hourly or daily paid employees
• 1 month for monthly paid employees
• 2 months for supervisors, technicians, and similar employees
• 3 months for engineers, managers, technicians' superiors, and similar employees.

The probationary period can be renewed once by giving notice to the employee in writing within the following deadlines:

• 2 days before the end of the trial period when the probation lasts 8 days
• 8 days before the end of the probationary period of 1 month
• 15 days before the end of the trial period, when it is of 2-3 months duration.

Employees under probation can be dismissed without any notice and without either party being able to claim compensation.

Notice Period

The notice period depends on type and length of employment and can vary between 8 days and 4 months. It can be waived by payment in lieu of notice. During the notice period, the employee is entitled to 2 days off per week paid at full salary to look for a job.

Severance Benefits

When a fixed-term contract ends without the worker being converted to a permanent employee by virtue of a subsequent indefinite contract, then the employee is owed severance equal to 3% of the total raw wage earned during the execution of the contract. This severance is to be paid with the last paycheck of the employee.

Côte d’Ivoire provides a severance package to employees who have been employed continuously for at least 1 year and have not conducted any gross misconduct. Severance pay is paid as a percentage of the total monthly salary for the 12 months of activity preceding the date of dismissal according to the years of service:

• 30% up to and including the fifth year
• 35% from the sixth to the tenth year
• 40% over 10 years of service.

Minimum Wage

The current minimum wage for all interprofessional employees is XOF 75,000 (West African CFA francs) per month, applicable from January 2023. The minimum wage for agricultural workers is XOF 36,000.

The minimum wage and conditions of remuneration for piece work are posted at the employer's office and the staff payrolls. Employees who work on a daily or weekly basis must be paid at least once every 15 days. Employees who work on a bi-weekly or monthly basis must be paid at least once per month.

Overtime, Holiday & Vacation Pay

Employees working more than 40 hours a week are entitled to overtime compensation. The maximum number of overtime hours is 15 hours per week and 3 hours per day. A temporary increase in working hours for urgent and exceptional work necessary to prevent the inevitable loss of a product or imminent accidents is paid at the regular rate. Overtime worked to maintain or to increase production is payable as follows:

• 15% increase for the hours worked from the 41st to the 46th hour
• 50% increase for the hours worked beyond the 46th hour
• 75% increase for hours worked at night.

Employees working on public holidays are entitled to a 75% increase in their wages for hours worked during the day and a 100% increase for hours worked during the night.

Employees are entitled to receive 100% of their wages during annual leave, paid in advance.

Visas

Côte d’Ivoire issues the following types of visas: ordinary and official. The ordinary visa is affixed in an ordinary passport. The official visa is affixed in a diplomatic, service, or official passport. Depending on the length of stay, the following types of visas are provided:

• A transit visa, which cannot exceed 3 days;
• A short-stay visa, which cannot exceed 3 months
• A long-stay visa, which cannot exceed 1 year.

Depending on the reason for travel, the following types of visas are provided:

• Business visa - This visa is issued to those entering Côte d’Ivoire for short-term business purposes.
• Student visa - This visa is issued to foreign nationals who enter Côte d’Ivoire for education or research purposes.
• Tourist and leisure visa - This visa is issued to foreign nationals traveling to Côte d’Ivoire for tourism purposes.
• Health and social affairs visa - This visa is issued to foreign nationals traveling to Côte d’Ivoire for medical or social purposes.
• Work contract visa - This visa is issued to foreign nationals who enter Côte d’Ivoire for employment. It is issued for a maximum of 24 months in case of fixed-term employment and for a longer duration for open-ended contracts.

Work Permits

Côte d'Ivoire's law permits companies to hire foreign nationals and provide work permits to them, provided they cannot fill the vacancy using nationals. Any vacancy in the workplace must be reported to the AGEPE (Agence d'Études et de Promotion de l'Emploi).

Before hiring, non-Ivorian employees must have a contract or a letter of employment approved by the AGEPE on a form established for this purpose. They can enter Côte d'Ivoire on an employment contract visa. For a fixed-term employment contract, this visa is issued for a maximum period of 24 months. Employees must apply for a work permit within three months of hire. A work permit is issued for one year and is renewable annually.