The ivorian Labor Code, as published by the law No 2015-532 of July 20th 2015, has introduced various changes including those concerning the traineeship contract.

Despite the fact that this concept is widely used, it was not clearly recognized by Ivorian law.

Such gap has been amended by the new ivorian Labor Code which distinguishes two types of Traineeship contracts : The traineeship-school contract and the professional traineeship contract.

I- The traineeship-school contract

a- Definition

The article 13.11 paragraph 1 of Labor Code provides that « the traineeship-school contract is the one by which a student agrees, for the validation of his diploma or his professional training, to receive a practical training from a company ».

b- Requirement relating to the form of this contract

The Writing form is the sine qua non condition to attest of the existence of a traineeship-school contract between the trainee and the host company.

As such, the non-compliance with this mandatory requirement involves the upgrading of the traineeship-school contract as an indefinite duration work contract.

c- Duration, termination, and other terms non mentionned in the Labor Code

The traineeship-school contract is not time limited.

So, it can be ended at the date as mentioned in the contract without any compensation or prior notice.

Other terms not provided by the new Labor Code must be agreed by both parties in the respect of the law applicable in Côte d’Ivoire.

II- The professionnal traineeship contract

a- Definition

Contrary to the first type, the professional traineeship contract aims to obtain a professional experience.

Indeed, the article 13.14 of Labor Code states that "the professionnal traineeship contract is the one by which the company is committed to give to a trainee, a practical training enabling him to gain a qualification or professional experience. "

b- Requirement relating to the form of this contrat

In this case also, the writing form is a mandatory requirement.

However, the article 13.14 clearly states that such compensation does not confer the status of employee to the trainee.

Contrary to the trainesship-school contract, the company must allocate a lump sum to the trainee.

However, the article 13.14 clearly states that such compensation does not confer the status of employee to the trainee.

Important : The Ivorian Tax Administration exempts from tax on salaries, compensation paid in respect of the two following conditions :

• The compensation must be inferior or equal to one hundred and fifty thousand (150,000) XOF;
• The duration of the contract must not excced six (6) months;

c- Termination of the contrat

Professional traineeship must not exceed a duration of twelve months (12), renewal included.

Although it is not mentionned in the law, from our opinion, the fact to derogate from this limitation could lead to an upgrading as an indefinite duration work contract.

At the end of the traineeship, the host company must deliver to the trainee a certificate which mentions his qualification, the subject of the trainee and its duration.

Furthermore, the trainee remains priority in case the company hires for his position, in the six months following the end of his contract.

For any further information, please contact us at the following email address[1] :

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Thanks & Best Regards,
Ursula DUTOZIET