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Termination and Severance Policies

Learn about the legal processes for employee termination and severance in Gabon

Notice period

In Gabon, the Gabonese Labor Code stipulates the legal requirements for notice periods during employment termination. The duration of these periods is determined by the employee's length of service with the company.

Notice Periods Based on Length of Service

The minimum notice periods an employer must provide an employee, based on their years of service, are as follows:

  • Less than 1 year: 15 days
  • 1 to 3 years: 1 month
  • 3 to 5 years: 2 months
  • 5 to 10 years: 3 months
  • 10 to 15 years: 4 months
  • 15 to 20 years: 5 months
  • 20 to 30 years: 6 months

For employees with more than 30 years of service, the minimum notice period increases by 10 days for each additional year of service.

Important Considerations

Collective bargaining agreements or individual employment contracts may supersede the minimum notice periods mandated by the Labor Code, provided the terms are more favorable to the employee. Probationary period contracts can be terminated by either party without notice, unless otherwise agreed upon in the contract.

It's crucial to consult the latest version of the Gabonese Labor Code or seek guidance from a legal professional for the most up-to-date information on notice periods and employment termination procedures in Gabon.

Severance pay

In Gabon, employees are entitled to severance pay under certain circumstances when their employment is terminated, as governed by the Gabonese Labor Code.

Circumstances for Severance Pay

Severance pay is mandatory in Gabon in the following situations:

  • Termination for Economic Reasons: If an employee is terminated due to economic difficulties, company restructuring, or similar reasons unrelated to the employee's performance or conduct.
  • Retirement: Employees who retire are entitled to severance pay.

Circumstances without Severance Pay

  • Resignation: Employees who voluntarily resign from their positions usually are not entitled to severance pay.
  • Dismissal for Gross Misconduct: If an employee is dismissed due to serious misconduct, they forfeit their right to severance pay.

Severance Pay Calculation

Severance pay in Gabon is calculated based on the employee's length of service and their average monthly salary over the last three years of employment, according to the following formula:

  • Length of service less than 10 years: 1/3 of average monthly salary × number of years of service.
  • Length of service between 10 and 15 years: 2/3 of average monthly salary × number of years of service.
  • Length of service above 15 years: Average monthly salary × number of years of service.

Additional Information

  • Collective Agreements and Individual Contracts: Specific industries may have collective bargaining agreements in place that offer more favorable severance pay terms that exceed the minimum requirements set by law.
  • Legal Disputes: In cases of disagreement about severance pay calculations or entitlements, employees can seek guidance and dispute resolution through the Labor Inspectorate or file a claim with the labor court.

Termination process

The termination of employees in Gabon follows a structured process as outlined by the Gabonese Labor Code. This process includes different types of employment termination, a specific termination procedure, and considerations for gross misconduct.

Types of Employment Termination

  • Voluntary Resignation: Employees can terminate their contracts by providing written notice.
  • Termination for Cause: Employers can terminate employment if they have economic reasons or due to the employee's misconduct.
  • Mutual Agreement: Employers and employees can mutually agree to terminate the employment relationship.
  • Retirement: Upon reaching retirement age.
  • Expiration of a Fixed-Term Contract: A fixed-term contract ends automatically on its end date.

Termination Procedure

1. Notice of Termination

Employers must provide written notice of termination to the employee, stating the reasons for termination.

2. Pre-Dismissal Interview

Before formal termination for reasons other than gross misconduct, the employer must summon the employee for a pre-dismissal interview. During this interview, the employer must explain the reasons for the potential dismissal and give the employee an opportunity to respond. The employee can be accompanied by a staff representative.

3. Dismissal Letter

If the employer decides to proceed with the dismissal after the interview, they must provide the employee with a formal dismissal letter. The letter should explicitly state the reasons for termination and the effective date.

Gross Misconduct

In cases of gross misconduct, the employer can dismiss the employee immediately without notice. Examples of gross misconduct include serious breaches of contract, violence, theft, or serious negligence.

Employers must strictly adhere to the procedures outlined in the Gabonese Labor Code to ensure a lawful termination process.

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