Niger
There are four brackets for permanent contract workers. Non-monthly wage Workers; monthly wage workers; supervisors and technicians; and engineers, executives, and senior executives.
Fixed-term contracts are permitted for a maximum of two years. They can be renewed only once.
Probationary periods for fixed-term contracts have a maximum period of one month. During this period, the contract can be terminated freely without notice or compensation. For permanent contracts, the length of the probationary period is dependent on the worker classification. Non-monthly workers have a maximum duration of eight (8) days; monthly wage workers have a probationary period of one (1) to three (3) months; supervisors and technicians have a maximum probationary period of one (1) month; and engineers, executives, and senior executives have a maximum probationary period of three (3) months. During these probationary periods, Workers can be terminated without notice or compensation.
Niger has 13 statutory holidays, which are considered paid time off. Daytime work performed on a public holiday must be compensated at 150% of the normal wage; night work performed on public holidays must be compensated at 200% of their normal wage.
After a year of service, Workers in Niger are entitled to 30 calendar days of paid annual leave. This leave is accrued at a rate of two and a half (2.5) days per month of effective service. The number of paid leave increases by 2 days after 20 years of service; 4 days after 25 years of service; and 6 days after 30 years of service.
Workers in Niger are entitled to six (6) months of protected paid sick leave. During this period, Workers cannot be terminated. Sick leave pay depends on a Worker's length of employment. If a worker has been engaged for one year or less, they are entitled to full income for a period equal to the notice period; half income for the following month. If a Worker has been engaged for two to five years, they are entitled to full income for a period equal to the notice period (minimum 1 month; half income for the following three months. If a Worker has been engaged for more than five years, they are entitled to full income for a period equal to the notice period; half income for the following four months.
Eight (8) hours per day is considered the standard workday in Niger and forty (40) hours is considered the standard work week.
Overtime is limited to 8 hours a week; the first eight hours of overtime must be paid at 125% of their normal hourly rate. Hours worked passed the 48th hour, although discouraged, must be paid at 150% of their normal hourly rate. Any overtime hours worked at night must be paid at 150% of their normal hourly rate.
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Fixed-term contracts terminate automatically upon their expiration without notice or severance pay - either party can cancel a fixed-term contract by either agreement or serious misconduct. Either party can terminate a permanent employment contract by serving a notice or issuing payment in lieu of notice. An employee can cancel a permanent contract for any reason; employers, on the other hand, can only terminate a contract due to ability or conduct. If the employer decides to terminate the permanent contract based on conduct, they must provide the employee with the opportunity to defend themselves. There are a number of protect categories which, if used as the basis for termination, are considered discriminatory. The required notice period for permanent contracts depends on the worker classification bracket. The notice period is eight (8) days for non-monthly wage Workers; one (1) month for monthly paid Workers; one (1) month for supervisors and technicians; three (3) months for executives, engineers, and senior executives
Employees may terminate permanent contracts at any time. Employees must also provide notice in accordance with their professional category.
Severance is payable if a Worker on a permanent contract, who has not been dismissed for gross misconduct, is terminated. The amount of severance payable is based on the Worker's length of service. For Workers with five or more years of service, severance pay must equal 20% of the total salary per year of service; for Workers with between six and ten years of service, severance pay must equal 30% of the total yearly salary per year of service; and for Worker's with years of service exceeding ten years, severance pay must equal 35% of total yearly salary per year of service. Additionally, Workers are entitled to a payment equal to any leave not taken.
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