Focus on Bissau investment immigration and relevant laws in Guinea: General Provisions of the Labor Code of the Republic of Guinea.
Article 1: A labor contract is a contract whereby a person is employed and places their labor under the authority of another in exchange for remuneration.
Article 2: Labor contracts are divided into indefinite-term contracts and fixed-term contracts. A contract without a specified term is an "indefinite-term contract." The definition of a fixed-term contract is provided in Article 12.
Article 3: A labor contract may only be concluded with an individual who has reached the age of 16. The employment of a minor under the age of 16 requires the consent of their guardian.
Article 4: Before concluding a labor contract, the employer must submit a job vacancy notice to the National Directorate of Labor and Employment or its representative agency.
Temporary workers employed for no more than 15 days are exempt from prior notification to the competent administrative authorities.
Violations of the provisions in the first paragraph shall be subject to a fine of 5,000 to 50,000 Guinean Francs; repeat offenders may be fined 25,000 to 250,000 Guinean Francs.
Article 5: When an employer plans to hire a foreign employee, they must obtain prior authorization from the National Directorate of Labor and Employment within the scope permitted by laws and regulations.
Special provisions apply to the employment of foreign nationals.
Article 6: The conclusion of a contract shall comply with the provisions of common law.
The form of the contract shall be agreed upon by both parties. If the parties choose a written form, the contract is exempt from stamp duty and registration tax.
Contracts may be recorded in various ways.
Article 7: Labor contracts concluded with foreign employees must be in writing and certified by the National Directorate of Labor and Employment.
The employer must apply for certification. If the competent authority responsible for contract certification does not respond within thirty days from the date of receipt of the application, it shall be deemed as approved. A labor contract that has not been implicitly or explicitly certified shall not be executed.
If an employer violates this provision by recruiting a foreign employee from abroad, they must bear the costs of the employee's repatriation and compensate for any damages incurred.
Article 8: If both parties agree to a probationary period, they must specify the duration in the contract terms. In any case, even for renewable contracts, the probationary period shall not exceed three months for executives and one month for others.
Article 9: Regardless of whether a labor contract is signed at the location of either party or within the territory of Guinea, it must comply with the provisions of this Law.
