72
70
-
Reasonable Access to Decent Work
20
80
80
25
80
100
80
80
100
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §144, 179, 180, 233 and 273, Labour Code, 2021; §2-5 of Decree No. 855 of 2006 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §169, 181- 183 and 187 of the Labour Code, 2021 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | §144, 179, 180, 233 and 273 of the Labour Code, 2021; §38.2, CBA for Trade Sector in Gabon, 1983 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §6, 200 & 220 of the Labour Code, 2021; §3 of Decree No. 0933/PR/MTEPS of December 30, 2009 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §202-204 and 206 of the Labour Code, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §195 & 196 of Labour Code, 2021; §14 of Decree No. 726/PR/MTEFP of June 29, 1998 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | Labour Code 2021; §14 of Decree No. 726/PR/MTEFP of June 29, 1998 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §220 of the Labour Code, 2021 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §184 of the Labour Code, 2021; §2 and 5 of Decree No. 727/PR/MTEFP of June 28, 1998 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §15, 54 & 222-225 of Labour Code, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §19-23, 27-36, 41-44, 198 & 200 of the Labour Code, 2021 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §23-25 of the Labour Code, 2021 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §45-50 of the Labour Code, 2021 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §58, 61, 81-82, 86 of the Labour Code, 2021 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §87-90, 182 & 224 of the Labour Code, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §6, 13, 54, & 223 of the Labour Code, 2021; §41 of the Commerce sector CBA, 1983 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §211 of the Labour Code, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §208 of the Labour Code, 2021 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §5 & 210, Labour Code, 2021; §2-4, Decree No. 000111 of 2018; §73-74 of Decree No. 599/PR; §53, Social Security Code 1975 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §173 of the Labour Code, 2021; §50-52, 66, 69 & 71 of the Decree (No. 599) implementing the Social Security Code | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §9, 59, 62, 63, 74, 78, 207, 208 & 211 of the Labour Code, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §238 of the Labour Code, 2021; §147 & 213 of Decree No. 01494/PR/MTEPS of December 29, 2011 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §236 & 238, §4 of the Labour Code, 2021; §107 of Decree No. 01494/PR/MTEPS of December 29, 2011 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §209, 210 and 213 of the Labour Code, 2021 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §60-71 of the Social Security Code, 1975; ISSA Country Profile for Gabon | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §78 of the Labour Code, 2021; § 75 & 78 of Social Security Code 1975; §4 of Decree 01894 of 2011 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §79 & 81 of Law No. 6/75 of November 25, 1975 on the Social Security Code | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §54(13) & 87 of Labour Code, 2021; §40 & 48 of Decree No. 00051/PR on the Social Protection Code | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §55 & 82 of the Labour Code, 2021; §163 of the Decree (No. 599) implementing the Social Security Code | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §76 & 78 of the Social Security Code, 1975 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §5, 9 & 170 of the Labour Code 2021 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §6 of Labour Code 2021; §2-4 & 10 of Law No. 10/2016 on the fight against harassment in the workplace | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §6 & 9 of the Labour Code 2021; §12 of Law No. 10/2016 on the fight against harassment in the workplace | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §1, point 7 of the Constitution of the Gabonese Republic, 1991; §207 & 213 the Labour Code, 2021 | Score adjusted because of availability of a legal source |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Code, 1975; ISSA Country Profile for Gabon | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §7 & 214 of the Labour Code, 2021; §2 & 3 of Decree No. 0651/PR/MTEPS of April 13, 2011 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §2 of Act N° 21/2011 on General Education | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §1-5 of the Hazardous Work List, 2013 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §4 & 16 of Labour Code, 2021; §3, 11, 12 & 13 of Law No. 009/2004 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §1(13), Constitution 1991; §15, 302-305 of the Labour Code, 2021 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §150-153, 289-293, 316 of the Labour Code, 2021 | No Change |
| Does the law provide the right to strike? | No | 0 | §352, 379-386 of the Labour Code 2021 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §380 of the Labour Code 2021 | No Change |