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Written Agreements

Niger's Labor Code does not generally mandate the conclusion of written contracts of employment. Employment contracts may generally be concluded in any form, provided the contract's existence is proved. Two exceptions to this general rule are fixed-term contracts and temporary employment contracts, which must both be in writing. When the employment contract is provided in writing, it must be written in French and include the following information:

• Name, profession, and address of the employer or organization
• Name, profession, sex, date, place of birth, descent, nationality, marital status, and place of residence
• Place of recruitment
• Place of employment
• Nature and duration of the contract
• Salary and benefits
• Conditions of employment termination and notice period
• Provisions regarding paid holidays, travel, and transport
• Any special clauses.

Oral Agreements

Niger's Labor Code does not generally mandate the conclusion of written contracts of employment. Employment contracts may generally be concluded in any form, provided the existence of the contract is proved. There are two exceptions to this rule: fixed-term contracts and temporary employment contracts must be made in writing.

The Labor Code provides no additional or specific guidance on oral contracts.

Implied Agreements

Niger's Labor Code states that employment contract is established in the forms that it is appropriate for the parties to adopt. The existence of a contract of employment proves itself by any means. Fixed-term contracts and temporary employment contracts must both be in writing.

Niger's labor law indicates that the standard workweek is 40 hours. Employees working more than this number of hours are eligible for overtime. The law also mandates a weekly rest period of at least 24 continuous hours to all employees.

New Year’s Day - January 1; Easter Monday - Date subject to change every year; National Day of Concorde - April 24; Labor Day - May 1; Independence Day - August 3; Republic Day - December 18; Christmas - December 25; Day after the ‘Night of Destiny’ - Date subject to change every year; Eid-ul-Fitr - Date subject to change every year; Feast of Tabaski - Date subject to change every year; Birthday of Prophet Muhammad - Date subject to change every year; Muslim New Year - Date subject to change every year.

Niger's Labor Code provides that an indefinite term employment contract can include a probationary period for a maximum of six months, including renewal. This period can be extended to one year for employees hired outside of Niger.

Fixed-term contracts for a specific duration can be made for a maximum of two years and can be renewed once. They may include a probationary period of one day per week of contract duration, not exceeding one month. Fixed-term contracts can also be concluded for an imprecise term when they are concluded to replace a temporarily absent employee. These contracts can include a probation period of 15 days and can be renewed any number of times. Renewed fixed-term contracts cannot include a probationary period.

The employment contract can be terminated freely during probationary period, without any notice or compensation.

Notice Period

Niger's Labor Code requires advance notice (or pay in lieu of) to be served before the lawful dismissal of an employee. The notice period's duration is determined by the collective agreement between the employer and the trade union or the individual agreement between the employer and employee. A contract can be terminated without notice in probation or in the event of gross negligence.

For example, employees covered by the Inter-occupational Collective Agreement are subject to the following notice periods:

• Eight days for hourly, daily, or weekly paid workers
• One month for monthly paid workers
• One month for first-line supervisors and technicians
• Three months for engineers, executives, and senior executives.

Severance Benefits

Niger's Labor Code offers no provisions on severance benefits.

Employees covered by the Inter-occupational Collective Agreement are entitled to severance if they have been employed for more than one year and are dismissed for reasons other than gross misconduct. The severance benefits depend on their years of service as follows:

• 20% of the monthly wage for each year less than or equal to five years of service
• 30% of the monthly wage for each year, from the sixth to tenth year of service
• 35% of the monthly wage for each year, from the tenth year onwards.

Minimum Wage

The national government of Niger sets the minimum wage. The minimum wage for all employees that was last set in 2012 to XOF 173.35 (West African CFA francs) per hour or XOF 30,047 per month, was increased in January 2024 to 42,000 XOF per month.

Overtime, Holiday & Vacation Pay

The standard workweek is 40 hours. Employees working more than this number of hours are eligible for overtime. The law also mandates a weekly rest period of at least 24 continuous hours to all employees. Overtime is limited to a maximum of 8 hours in a week, except in the case of employees in road transport jobs (for which the weekly overtime limit is 9 hours and 30 minutes). Overtime pay is calculated as follows:

• 25% of the normal wage until the 48th weekly hour of overtime during day time
• 35% of the normal wage beyond the 48th weekly hour of overtime during day time
• 50% of the normal wage for overtime night work
• 50% of the normal wage for any overtime during a weekly rest day or public holiday during day time
• 100% of the normal wage for overtime during a weekly rest day or public holiday during night hours.

Employers must pay a leave allowance equal to the employee's average salary over the last 12 months for the duration of a leave.

Visas

The following types of visas are applicable in Niger:

• Tourist visas are issued to foreign nationals coming to Niger for tourism and are valid for up to 3 months. Tourists are required to commit not to engage in any professional activity unless it is subsequently authorized.
• Business visas are issued to foreign nationals for business travel, meetings, seminars, or investment purposes in Niger. They are valid for up to 3 months.
• Student visas are issued to foreign nationals coming to study in Niger.
• Official or diplomatic visas are issued to persons employed in any diplomatic role.

Foreign nationals traveling through Niger to another country do not require a transit visa, as long as they don’t leave the airport during their stopovers.

Work Permits

Niger's Labor Code provides that it is the employer's responsibility to apply for a foreign employee's work permit. An application for a work visa is to be submitted to the Ministry of Labor and must include the following documents:

• Express request from the employer
• Five copies of the employment contract mentioning the job's start date
• Curriculum vitae of the employee
• Legalized photocopies of the employee's work and educational certificates
• Certificate of the nationality of the employee
• Birth certificate
• Criminal record dating back less than three months
• Five photos of the employee
• Medical certificate less than three months old stating that the employee is fit for the job.

The authorities issue a visa within one month from the date of application submission. The visa contains the seal, the signature, and the number affixed on each page of the contract by the competent authority for validation. The competent authority provides five copies of the employment contract: one to the employer, one to the employee, one to the public employment service, one to the local labor inspectorate, and one to the social security organization. The contract must be presented to the immigration services and to any requisition of the labor inspection services. The duration of the visa is two years, renewable once.