In Côte d'Ivoire, the legal framework for employment contracts is established by Act No. 2015-532, enacted on July 20, 2015, outlining the Labor Code, and the Interprofessional Collective Agreement of 1977. These frameworks provide guidelines for two main types of employment agreements: fixed-term and indefinite-term contracts.

Fixed-Term Contracts (CDD - Contrat à Durée Déterminée)

Fixed-term contracts specify a predetermined end date for employment. According to Article 11 of the Labor Code of Côte d'Ivoire, these contracts must be concluded in writing. Verbal agreements for fixed-term contracts are not recognized and will default to indefinite-term contracts.

There are two main scenarios for using fixed-term contracts:

• Specific and Temporary Task: The contract is tied to the completion of a specific, temporary task.
• Short-Term Needs: The contract fulfills short-term needs that don't warrant an indefinite employee.

Fixed-term contracts can be renewed for a maximum of two years.

Indefinite-Term Contracts (CDI - Contrat à Durée Indéterminée)

Indefinite-term contracts, also known as permanent contracts, don't have a predetermined end date and are presumed to be ongoing until terminated by either party following legal procedures. These contracts offer greater employment security for the employee.

While both written and verbal agreements are recognized for indefinite-term contracts, a written document is recommended for clarity and to avoid potential disputes. However, any fixed-term contract exceeding three months must be submitted for official stamping by a Work Inspector.

Employment agreements in Côte d'Ivoire should include essential clauses to ensure clarity, compliance, and protection for both employers and employees. The Labor Code of Côte d'Ivoire outlines some mandatory elements, while others are recommended best practices.

Mandatory Clauses

According to the Labor Code of Côte d'Ivoire, all employment agreements must include the following mandatory clauses:

• Date and Place of Contract: This establishes the date and location where the agreement is signed.
• Parties to the Agreement: This identifies the employer and employee by name and any relevant details like company registration information for the employer.
• Date and Place of Work: This specifies the location where the work will be performed. In cases of remote work arrangements, specific details regarding the remote work policy should be included.

Additional Mandatory Clauses for Fixed-Term Contracts:

• Reason for Fixed-Term Contract: The agreement must clearly outline the specific reason justifying the use of a fixed-term contract.
• Original Fixed-Term Duration: The document should specify the initial duration of the fixed-term contract.

Additional Mandatory Requirement for Indefinite-Term Contracts Exceeding 3 Months:

• Official Stamp: For indefinite-term contracts exceeding three months, the document must be submitted for an official stamp by a Work Inspector for legal recognition.

Recommended Clauses

Including the following clauses in employment agreements is recommended for a more comprehensive and protective contract:

• Job Title and Description: A clear definition of the employee's job title, duties, and responsibilities helps manage expectations and performance evaluations.
• Remuneration and Benefits: This section details the employee's salary, payment schedule, bonuses (if applicable), and any benefits offered, such as health insurance, vacation time, and sick leave.
• Working Hours and Schedule: This clause specifies the standard working hours per week/month, including any overtime regulations and compensation details.
• Termination Clauses: Outlining the procedures and notice periods for termination by either party helps ensure a fair and legal process.

Probationary periods are a standard feature in employment agreements in Côte d'Ivoire, serving as a trial period for both employers and employees to assess suitability for the role.

Mandatory Probationary Periods

In Côte d'Ivoire, probationary periods are mandatory for all new hires. This allows both parties to evaluate fit before committing to a long-term employment relationship.

Probationary Period Durations

The legal duration of the probationary period in Côte d'Ivoire depends on the employee's pay structure:

• Daily or Hourly Workers: 8 days
• Monthly Paid Workers: 1 month
• Supervisors, Technicians, Similar Roles: 2 months
• Engineers, Managers, High-Level Technicians: 3 months

It's important to consult any applicable industry agreements as collective agreements may supersede these durations.

Probationary Period Flexibility and Extensions

While the above durations are standard, the employer and employee can agree to a shorter probationary period within the legal limits. Extending the probationary period beyond the initial timeframe might be possible in specific situations. However, if the extension surpasses 3 months, Ivorian law mandates a written performance evaluation for the employee.

Termination During Probation

During the probationary period, either party can terminate the employment contract without notice or severance pay. This allows for a swift and consequence-free separation if the role or employee isn't a good fit. However, this does not apply if the termination is due to gross misconduct by the employer.

Transitioning Beyond Probation

Once the probationary period ends successfully, the employment contract typically transitions into a permanent position with its associated benefits and notice periods as outlined in Ivorian labor law.

In Côte d'Ivoire, while the Labour Code doesn't explicitly address confidentiality and non-compete clauses, employers can include them in employment contracts under certain conditions.

Confidentiality Clauses

Employers can protect their confidential information, including trade secrets, client lists, and business strategies, through confidentiality clauses in employment contracts. There are no legal restrictions on these clauses in Côte d'Ivoire, but they must be clearly defined, reasonable, and time-bound. The clause should explicitly define what constitutes confidential information. The scope of confidential information shouldn't be overly broad and restrict information readily available to the public. The duration for which confidentiality applies should be reasonable and limited to a specific period after employment ends.

Non-Compete Clauses

Unlike confidentiality clauses, non-compete clauses are generally prohibited in Côte d'Ivoire. This prohibition is to protect employee mobility and freedom of work. Employees have the right to pursue new opportunities and utilize their skills and experience gained during their employment. There might be limited exceptions where non-compete clauses could be enforceable under specific circumstances. However, the legal landscape surrounding these exceptions is unclear.

Exceptions to Non-Compete Clauses

There are some situations where a court might consider upholding a non-compete clause. For some senior-level positions with access to critical trade secrets, a non-compete clause with a limited geographical scope and duration might be considered reasonable. If an employee is terminated due to serious misconduct, a non-compete clause might be upheld to prevent them from immediately joining a competitor and causing harm to the former employer. The burden of proof lies with the employer to demonstrate that the non-compete clause is necessary to protect legitimate business interests and doesn't unreasonably restrict the employee's ability to work.