Permanent Employment
The Labor Code of Guinea defines an indefinite (or permanent) employment contract as a contract that does not meet the definitions of a fixed-term labor agreement, an apprenticeship or internship contract, or a contract of engagement on probation.
Permanent employees can only be dismissed for lawful reasons that make it impossible to continue the employment relationship. They are entitled to notice period before their termination, unlike fixed term contracts. They also cannot be dismissed during suspension, except for force majeure.
Fixed-Term or Specific-Purpose Contracts
In the Labor Code of the Republic of Guinea, fixed-term employment contracts are defined by a certain time limit agreed to by parties. These may be signed at any time by employees and employers. Fixed-term contracts must be in writing or evidenced by a letter of employment prior to the commencement of work. An exception is made for irregular workers hired by the hour or day for short-term occupations, and paid at the end of the day, week, or every two weeks.
Fixed-term contracts may not exceed two years, renewal included. They cannot be concluded by an employer and an employee more than twice in one year, except in cases when a term of a contract is imprecise due to the nature of the work. In the event of a violation of these provisions, the agreement is considered to be of indefinite duration, with the exception of labor contracts attributed to foreign workers.
Temporary Employment
In Guinea, the law stipulates that temporary work involves the following parties: a temporary work company, a user company, and a worker linked to the temporary work company by an employment contract. Within two days after the start of work, the contractor is obliged to make a written contract provision with the temporary employment agency.
The temporary contract (or the mission contract) must be made in writing between the work contractor and the employee placed at the disposal of the user, expressly mentioning the reason for making the work available. The employer will incur the salary paid to the worker during each mission. However, in case of insolvency, the user company is responsible for the payment of the workers’ wages.
The duration of temporary work assignments must not exceed six months, including renewals. Any breach of this limit will convert the employment contract into one of indefinite duration.