COUNTRY

Written Agreements

Employers in Sierra Leone must submit employment contracts to the Labor Commissioner for vetting before executing them with an employee. The contract must be made into 3 copies for the employer, employee, and Labor Commissioner. Therefore, an employment contract written under the Employment Act must be in writing. Several terms must be included in the employment contract, including place of work, compensation, leave policies, and more.

Oral Agreements

Oral employment contracts are not explicitly prohibited in Sierra Leone. However, a contract of employment must be made in writing in order to satisfy the prior authorization by the Labor Commissioner requirement. The Employment Act recognizes the enforceability of unwritten employment contracts only so far as they conform to the requirements of the Act itself or any other act in force.

Implied Agreements

The Employment Act recognizes the enforceability of unwritten employment contracts only so far as they conform to the requirements of the Act itself or any other act in force. The law in Sierra Leone recognizes implied terms in employment agreements, and the Court will apply certain terms in their absence from an agreement. Fair terms and conditions that are at least as favorable to the employee as those provided by the Employment Act, relevant collective agreement, or industry practices are implied in every employment or service contract. Every employment contract also implies the freedom to join, form, or participate in a trade association. Nevertheless, it is recommended that any implied employment contract be enshrined in writing and approved by the Labor Commissioner as soon as possible in order to comply with Article 19 of the Employment Act 2023.

Sierra Leone's labor law stipulates that working hours cannot exceed 8 per day or 40 per week. A full-time employee may agree to work additional hours but these stipulated hours may not amount to more than 10 hours per day. The weekly limit, including additional hours, is 48 hours per week.

Any hours over 40 worked in any given week must be compensated as overtime (see Overtime Pay for more details).

• New Year’s Day - January 1
• Good Friday - Varies
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• Independence Day - April 27
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• Christmas - December 25
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In Sierra Leone, employees become entitled to annual leave once they have completed 1 year of continuous service with the same employer. Continuous service is measured from the first day of work until termination.

The Act does not specify how many days an employee is entitled to for annual leave, just that the employee must receive 1 month's base salary for each year of service as an allowance. If the employee attempts to take annual leave and is prevented by the employer, the leave allowance increases to 150% of a month's basic wage.

In Sierra Leone, employees are entitled to sick leave when they notify their employers and produce an incapacity for work certificate that is signed by a medical professional. Employers may require that the medical professional be appointed by them, but in such a case, the employer will bear the cost of the medical and transportation fees.

Sierra Leone requires employers to give at least 14 weeks of maternity leave to their pregnant employers with full remuneration. For this entitlement, pregnant employees must provide their employers with a certificate from a medical practitioner that specifies the anticipated delivery date. Employees must give their employer 7 days' notice before taking maternity leave entitlements.

If illness arises from the pregnancy that makes returning to work inadvisable, the employee is entitled to up to 20 weeks of leave that commences from the period of confinement or miscarriage. The medical practitioner will determine the actual duration required for the employee to return to work.

During the period of maternity leave, employees' normal benefits and entitlements including her contractual rights and the accumulation of pension rights as well as her legitimate expectations to advancement and seniority, shall continue uninterrupted in the same manner. Employee shall have right to return to the job which she held immediately prior to her maternity leave and on terms and conditions not less favorable than those which would have applied had she not been absent unless the job has ceased to exist because of economic, technological or organizational reasons, or she is incapable of continuing to perform that job.

Male employees in Sierra Leone are entitled to 2 weeks of paid paternity leave per year upon the birth of their children. The employee must give 1 week's notice before taking paternity leave. Paternity leave is granted no more than once per year.

Minimum Wage

The minimum wage in Sierra Leone is set by the Minister for Industrial Relations in consultation with the Joint National Board. It was last raised to SLL 800,000 (Sierra Leonean leones) per month in April 2023.

The Employment Act prohibits setting the remuneration rate of an employee as less than the national minimum wage. Any employment contract that stipulates remuneration under the national minimum wage will be null and void.

No law regulates the pay frequency in Sierra Leone, but the most common payroll cycle is monthly.

Overtime, Holiday & Vacation Pay

Sierra Leone's labor law stipulates that working hours cannot exceed eight per day or 40 per week. A full-time employee may work up to ten hours of overtime per week, bringing the total maximum

The Employment Act 2023 requires an employer to pay employees who work more than 40 hours per week a premium unless the employment agreement specifies otherwise. Employees cannot work more than 48 hours a week or 10 hours per day. Employees under 18, pregnant employees, or employees with a child under 8 months old are prohibited from working overtime.

Overtime worked during the week must be paid at 150% of the normal wage for the first 4 hours. Any overtime worked in excess of 44 hours on a weekday must be remunerated at 200% of the normal wage.

Overtime worked during the weekend or a public holiday must be paid at 200% of the normal wage

Notice Period

If an employee is hired under an indefinite employment contract, it can be terminated at any time by either party with 1 month's notice or 1 month's wages in lieu of notice. If the employee is a disabled worker, the notice period is increased to 2 months. The notice must be given in writing unless the employee is illiterate. In such cases, the notice must be conveyed to the employee in a manner that can be understood.

The notice period cannot include time taken for annual leave. If the employee terminates the employment without notice, the employee is not entitled to payment in lieu of notice.

Severance Benefits

The Employment Act of Sierra Leone grants severance benefits to employees when their employment contracts are terminated for reasons other than disciplinary measures when the employee has worked for at least 1 year for the same employer. Severance benefits are due upon retirement, death, or termination on grounds other than serious misconduct.

Severance benefits must be paid within 1 month of termination, or the employer will be fined at least 24 months of the national minimum wage. If the employer cannot afford to pay the entire amount of severance benefits, the employer must establish a payment plan with the Labor Commissioner within 1 month of termination.

Pension

In Sierra Leone, the compulsory social insurance scheme, implemented by the National Social Security and Insurance Trust (NASSIT), provides retirement pensions to insured employees. The retirement age for employees is 60 years with at least 180 months of contributions.

The monthly pension amount is calculated as 30% of the employee's average monthly salary in the best 60 months, plus 2% for every additional year of contributions beyond 180 months. The maximum payable pension is 80% of the average monthly salary of the employee, and the minimum is 50%. Retired employees are also paid a lump sum equal to 12 months of the employee's pension as a retirement gratuity.

Employees who have reached the age of 60 years but have not paid sufficient contributions to the fund to qualify for a pension are eligible for a retirement grant equal to 1.5% of their average monthly earnings for every 12 months of paid contributions.

Dependents/Survivors Benefits

The National Social Security and Insurance Trust of Sierra Leone provides benefits to the widow/widower and dependent children of a deceased insured person. The beneficiary must have received (or been entitled to receive) an old-age or disability pension at the time of death or have contributed for a minimum of 60 months to the fund, out of which 12 months’ contributions had been paid in the last 36 months before death.

A widow or widower is entitled to 40% of the benefits until death or remarriage. Dependent children are entitled to 60% of the benefits until the age of 18 years, or until 23 years of age if they are enrolled in full-time education. In addition to the pension, a lump-sum amount equal to 12 months' pension is also paid to eligible survivors.

In case of death caused by an occupational injury or occupational disease, employers must pay a lump sum of 42 months of the deceased employee's earnings to survivors.

Invalidity Benefits

The National Social Security and Insurance Trust (NASSIT) in Sierra Leone provides disability pensions to insured employees under 60 years of age who are permanently, totally incapable of further employment and have paid contributions for at least 60 months, of which 12 months' contributions are made during the 36 months preceding the commencement of the disability.

The disability pension is paid as 30% of the employee's average monthly salary for the first 180 months of contributions, plus 2% for each additional year of contributions beyond 180 months. The remaining years before reaching the retirement age are counted as six-month periods. The disability pension cannot be less than 50% of the minimum wage in the country. After reaching the age of 60 years, a disability pension is converted to an old-age pension. If an employee has made less than 60 months of contributions before becoming disabled, a lump-sum grant is paid equal to 1.5% of their average monthly earnings for every 12 months of paid contributions.

In the case of disability due to a work injury or occupational disease, employers are responsible for paying benefits to the affected employee and covering medical treatment, hospitalization, and transportation. A daily allowance is paid in cases of temporary disability for a maximum of 96 months. In case of permanent disability, a lump-sum amount is granted, depending on the degree of disability.