66.5
64.5
64.5
Limited Access to Decent Work
80
80
80
25
80
100
60
60
75
25
Question | Answer | Score | Legal Basis | Trend |
---|---|---|---|---|
Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §163, 165, 267 & 350 of the Labour Code, 2012 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
Does the law require regular and timely payment of wages? | Yes | 1 | §168-182 of the Labour Code, 2012; §410 of the Decree No. 2017-682 | No Change |
Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §51 of Interprofessional Collective Agreement, 2022 | No Change |
Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §51 of Interprofessional Collective Agreement, 2022 | No Change |
Does the law require additional compensation for night work? | Yes | 1 | §102-105 of the Labour Code, 2012; §53 of Interprofessional Collective Agreement, 2022; §156 of the Decree No. 2017-682 | No Change |
Question | Answer | Score | Legal Basis | Trend |
---|---|---|---|---|
Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §99 of the Labour Code, 2012; §51 & 56 of Interprofessional Collective Agreement, 2022; Decree No. 2017-682 | No Change |
Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §56 of Interprofessional Collective Agreement, 2022; Decree No. 2017-682 | Score adjusted because of availability of a legal source |
Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | § 114-115 of the Labour Code, 2012 | No Change |
Does the law require paid public holidays? | Yes | 1 | Public Holidays Act No. 97-020; §59 of the Interprofessional collective Agreement, 2022 | No Change |
Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §111-126 of Labour Code, 2012; §201-210 of the Decree No. 2017-682; §61 of the Interprofessional collective Agreement, 2022 | 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 | §40, 47- of the Labour Code, 2012; Decree No. 2017-682 | No Change |
Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §58-63 of the Labour Code, 2012 | No Change |
Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §52, 60 & 61 of the Labour Code, 2012; §12 of the Interprofessional Collective Agreement, 2022 | No Change |
Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §5, 89-90,110, 111 & 152 of the Labour Code, 2012; §33 & Annex of the Interprofessional Collective Agreement, 2022 | Score improved due to a legislative reform |
Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §38 of the Interprofessional Collective Agreement, 2022; §86 of the Labour Code, 2012 | 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 | §60 of the Labour Code, 2012; §70 of the Interprofessional Collective Agreement, 2022 | 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 | §113 of the Labour Code, 2012; §181 of the Decree No. 2017-682 | 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 | §111 of the Labour Code, 2012 | 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 | §112 of the Labour Code, 2012; §29 of the Interprofessional Collective Agreement, 2022 | 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 | §112 of the Labour Code, 2012; §29 of the Interprofessional Collective Agreement, 2022 | No Change |
Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §78 of the Labour Code, 2012 | No Change |
Question | Answer | Score | Legal Basis | Trend |
---|---|---|---|---|
Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §136 of the Labour Code, 2012 | No Change |
Does the law require employers to train workers on health and safety Issues? | Yes | 1 | § 137 of the Labour Code, 2012; §218 of the Decree No. 2017-682 | No Change |
Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §108-109 of the Labour Code, 2012; §60 of Interprofessional Collective Agreement, 2022 | No Change |
Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Decree No. 65-117 of 18 August, work injury, 1965; ISSA Country Profile for Niger | No Change |
Question | Answer | Score | Legal Basis | Trend |
---|---|---|---|---|
Does the law provide for an old age benefit? | Yes | 1 | Decree No. 67-25 of 2 February 1967; ISSA Country Profile for Niger | No Change |
Does the law provide for survivors' benefits? | Yes | 1 | Decree No. 67-25 of 2 February 1967; ISSA Country Profile for Niger | No Change |
Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §65 of the Interprofessional Collective Labour Agreement, 2022; ISSA Country Profile for Niger | No Change |
Does the law provide for invalidity benefits? | Yes | 1 | Decree No. 67-25 of 2 February 1967; ISSA Country Profile for Niger | 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 | §33 of the Constitution of Niger, 2010; §158 & 159 of the Labour Code, 2012; §45 of the Interprofessional Collective Agreement, 2022 | No Change |
Does the law prohibit sexual harassment in employment? | Yes | 1 | §45 of the Labour Code, 2012; § 281(1) of the Penal Code 2003; §122 of the Decree No. 2017-682 | No Change |
Does the law prohibit discrimination in employment matters? | Yes | 1 | §8 & 33 of the Constitution of Niger, 2010; §5 of the Labour Code, 2012; §5 of the Decree No. 2017-682 | No Change |
Does the law allow women to do the same job as men? | No | 0 | §108 & 109 of the Labour Code, 2012; §177 & 370 of the Decree No. 2017-682 | No Change |
Does the law guarantee basic labour protection to the platform workers? | No | 0 | No applicable legal provisions could be located | No Change |
Question | Answer | Score | Legal Basis | Trend |
---|---|---|---|---|
Does the law prohibit the employment of children? | Yes | 1 | §23 of the Constitution, 2010; §106-108 of the Labour Code 2012 | No Change |
Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §8 of Decree No. 2017-935; §2 of the Law on the Orientation of the Educational System, 1998 | No Change |
Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §103-108 & 343, Labour Code 2012, Decree No. 67-126; §157-176 of the Decree No. 2017-682 | No Change |
Does the law prohibit forced labour? | Yes | 1 | §4 & 337, Labour Code, 2012; §270, Penal Code, 2003; §2 of the Law on Combating Trafficking 2010 | No Change |
Question | Answer | Score | Legal Basis | Trend |
---|---|---|---|---|
Does the law allow workers to form and join unions of their own choice? | No | 0 | §32, Constitution of Niger 2010; §183-210, 106 & 191, Labour Code 2012; CEACR, C87, Obs. 2021 | No Change |
Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §229-257 & 259-260, Labour Code, 2012; Law No. 2011-40 of 2011; CEACR, C98, Obs. 2021 | No Change |
Does the law provide the right to strike? | No | 0 | §34, Constitution of Niger 2010; §322-326, Labour Code 2012; Order No. 96-009; CEACR. C87, Obs. 2021; USDOS CRHRP 2023 (Niger) | No Change |
Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §320, Labour Code 2012 | No Change |