The Labor Code (art.25.1), the Decree N°98-39 of january 28th 1998 and the « Convention Collective Interprofessionnelle » define the scheme of paid leave in Côte d’Ivoire.
Given the multiplicity of laws on this subject, the following lines are intendeed to make a summary.
I- The right to benefit from paid leave
Any worker who has been employed by a company, at least a month, is entitled to a leave period.
However, the right to benefit from paid leave is acquired after a period of twelve (12) months of actual work.
II- The duration of paid leave
1- The principle
According to the ivorian Labor Code, the duration of paid leave depends on the personnal situation of each worker and must be calculated as follow :
- - Two (2) workdays per month for adults;
- - Two days and two tenths (2,2) of working days per months for workers under 18;
Contrary to the Labor Code, the « Convention Collective Interprofessionnelle » calculates paid leave on the basis of two days and two tenths (2,2) of working days per month regardless of the age of the workers (Art.69).
2- The duration of leave based on the senioruty
After 30 years of seniority, the ivorian Labor Code gives an additional period of 8 (eight) days.
3- The duration of leave for female employees and apprentices
The « Convention Collective Interprofessionnelle » and the decree mentionned above offer to female employees and apprentices under 21, two (2) additional days per child.
Women with more than 21 benefit from the same advantage for each child after the fourth.
III- The occurrence of paid leave
In principle, the paid leave period occurs after the agreement of the employer.
However, three conditions must be complied :
- - When the leave period doesn’t exceed 14 days, it must be continuous ;
- - The worker is entitled to a leave period of 14 consecutive days ;
- - The benefit of leave can be postponed in accordance with the « Convention Collective Interprofessionnelle »