23C Summary of Legislation and Standards Relevant to Labour and Working Conditions

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1 23C Summary of Legislation and Standards Relevant to Labour and Working Conditions Categories Human resource policies and procedures Working conditions and terms of employment Hours of work and leave Working conditions and terms of employment Wages and benefits No specific provision on human resource policies. No specific requirements to provide information to workers in writing. Fixed-term contract and contract with probationary period must be agreed in writing (LC, Art. 14 and Art. 10). Internal rules on disciplinary procedure, rights and health and safety at work are required in all workplaces with 25 or more workers (LC, Art. 118). Normal working time is 40 hours per week with a maximum of 8 OT per week and 100 per year (LC, Art. 139, Art. 145 and Art. 143). Hours worked beyond 40-hour limit are considered overtime unless a modulation agreement has been reached (LC, Art. 144 and Art. 142). Special provisions for drivers and security guards (respectively 48 hours and 55 hours) (Arrêté No. 1391, Art. 2). 24 hours weekly rest period minimum (LC, Art. 152). 30 days paid holiday per year (2.5 per month) and 11 public holidays (LC, Art. 160 and Arrêté No.1389, Art. 1). 14 weeks maternity leave (at 50% of salary) (LC, Art. 59 and Art. 61). Right to a guaranteed hourly wage (never been set) (LC, Art. 211). Overtime normally paid 130% and 160% unless a modulation agreement has been reached (LC, Art. 144). Night work paid at 120% (LC, Art. 147). Wage should be paid every 15 days (LC, Art. 215) or once per month under conditions (LC, Art. 216). Outside taxes and social contributions no deduction can be made without the worker s consent (LC. Art. 231). or or Existence of appropriate HR policies consistent with PS2. Communication to workers in writing of their rights under national law and collective agreement (wages, hours and benefits in particular). Respect applicable collective bargaining agreement. Provide reasonable working conditions and terms of employment (national law minimum). Respect applicable collective bargaining agreement. Provide reasonable working conditions and terms of employment (national law minimum). 23C-1

2 Categories Workers accommodation Workers organisations Non-discrimination and equal opportunities Employer must take reasonable steps to provide workers and their families with accommodation. This applies when workers do not live near the workplace and cannot find, with their own means, adequate accommodation (LC, Art. 212). The right to freedom of association, collective bargaining and strike are protected by the Constitution and the Law (C, Art. 20 and LC, Art. 248, Art. 305 and Art. 328). Election of workers representative is mandatory in organisations with more than 25 workers (LC, Art. 265). Protection against discrimination and dismissal for union officials only (LC, Art. 277+). Consultation duty for the employer on a range of subjects including health and safety, workplace restructuring, modulation of working time (LC, Art. 120, Art. 142 and Art. 169). Ten days notice is required for a strike which can be conducted for professional claims only (LC, Art. 330). The Constitution prohibits discrimination in employment on the grounds of sex, race, ethnicity and opinion (and other discriminatory causes) (C, Art. 20). Stages of employment where discrimination is prohibited are not specified. The law provides equal pay for equal work (LC, Art. 206 and Art. 207). Develop policies on the quality and management of the accommodation and provision of basic services. Respect non-discrimination and equal opportunities. Do not restrict workers freedom of movement and association. Where law recognises the workers rights to form and join workers organisations and to bargain collectively companies should comply with the law. Companies should engage with workers representatives and their organisations and provide them with the information needed for meaningful negotiations, in a timely manner. No discrimination on the basis of personal characteristics (such as gender, race, nationality, ethnic, social and indigenous origin, religion or belief, disability, age or sexual orientation). No discrimination with respect to any aspects of the employment relationship (from recruitment to promotion to termination). Promote equal opportunity and fair treatment. Take measures to prevent harassment or any forms of intimidation or exploitation, in particular against women. 23C-2

3 Categories Non-discrimination and equal opportunities Migrant workers Law No. L/9194/019/CTRN on conditions of entry for foreigners requires foreign workers to obtain a temporary residence permit. The labour code applies to migrant workers. Employers are required to request authorisation from the National Employment Office before recruiting foreign workers (LC, Art. 7 and Art. 9). Discrimination is prohibited on the basis of race and ethnicity (C, Art. 20). Identify migrant workers and ensure they benefit from substantially equivalent terms and conditions to non-migrant workers for a similar job. Do not discriminate on the basis of personal characteristics, including race and nationality. Priority should be given to employment for Guinean workers (CdB, Art. 21) Retrenchment Dismissal must be motivated on personal grounds (health, professional incompetence or fault) or economic grounds (organisation restructuring) (LC, Art. 79 and Art. 80). Dismissal on economic grounds: Strict consultations (two meetings) of workers representatives and communication with the labour inspectorate are required (LC, Art. 87+). Complex calculation to determine workers right to indemnities equivalent to 25% of a monthly wage per year worked in the company (LC, Art. 100 and Arrêté No.1387, Art. 1). Prior to implementing retrenchment seek alternative and develop a plan to reduce the adverse impacts on workers. Retrenchment plans must be based on nondiscrimination and reflect consultation with workers and where appropriate government. 23C-3

4 Categories Grievance Procedure No individual grievance procedure in the law. Several provisions for individual and collective dispute resolution through labour court and arbitration procedure (LC, Art. 374, Art. 378 and Art. 342). Worker accommodation Employer must take reasonable steps to provide workers and their families with accommodation. This applies when workers do not live near the workplace and cannot find, with their own means, adequate accommodation (LC, Art. 212). Provide a grievance procedure for workers (and their organisations) to raise workplace concerns. Inform workers of the grievance procedure at the time of recruitment and make it accessible to them. The procedure should involve an appropriate level of management; allow for anonymous complaints; address complaints promptly; use an understandable and transparent process; provide timely feedback without any retribution; do not impede access to legal remedies or substitute for procedures provided through collective agreement. In addition, companies should ensure that contracted workers have access to a grievance procedure or extend their own grievance procedure to serve these workers. Develop policies on the quality and management of the accommodation and provision of basic services. Respect non-discrimination and equal opportunities. Do not restrict workers freedom of movement and association. 23C-4

5 Categories Child labour Minimum age for work is 16 (LC, Art. 5 and CC, Art. 412). There is a list of restricted activities for under 18s (hazardous work) (Arrêté No and CC, Art. 415+). Children can work from 14 as apprentices and children from the age of 12 can do light work/family work (CC, Art. 419). There is no risk-assessment or monitoring provisions in the legislation. However, the labour inspectorate can require the medical examination of any young workers (CC, Art. 423). Forced labour Forced labour and people trafficking are prohibited (LC, Art. 2). No specific provisions on document retention. Prison labour is compulsory for convicted persons (Décret No. 274, Art. 77+). Health and Safety at work General requirement for employer to adopt measures to adapt health and safety standards to the type of workplace (LC, Art. 169). Internal company rules must cover health and safety at matters (LC, Art. 120). PPE must be provided free of charge (LC, Art. 179). Obligation to provide training on health and safety (LC, Art. 172). Depending on their size, companies must have first aid boxes or a doctor and a nurse available on the premises (LC, Art. 199). Union consultation on issues related to health and safety in the workplace is required (LC, Art. 169). Workers right to remove themselves from dangerous situation (indirect). Workers under 18 years should not undertake hazardous work. Identify minors. Conduct risk assessment and regular monitoring of health, working conditions and hours of work. Do not use work or services that are not voluntarily performed or are extracted from individuals under threat of force or penalty. Provide a safe and healthy work environment. Take steps to prevent accident, injury and disease. Identify hazards, provide PPE, train workers, document and report accidents. Conduct emergency prevention and preparedness. 23C-5

6 Categories Workers engaged by third party contracted workers Workers engaged by third party supply chain workers There are no restrictions on the type of work that can be contracted to contractors. There are no requirements on managing and monitoring contractors labour performance. There are provisions on the use of sub-entrepreneurs (LC, Art. 23+) (not directly relevant to Rio Tinto). Sub-entrepreneurs must be registered and advertise their quality of subentrepreneur. When work is performed in the entrepreneur s premises, the entrepreneur is responsible for the payment of the contracted workers wages in case of the subentrepreneur s insolvency (LC, Art. 24).The Basic Convention requires mining companies to prioritise working with Guinean companies for the provision of goods and services (CdB, Art. 20). Possibility for workers on a construction project to claim their wages from the company the infrastructure is built for, within the limit of the money the company owes to their employer (LC, Art. 224). Make commercially reasonable effort to ascertain that contractors are reputable and legitimate enterprises with adequate management systems of their workers allowing them to implement IFC requirements. Develop policies and procedures to manage and monitor subcontractors implementation of IFC labour and working conditions requirements. Where possible incorporate these requirements in contractual agreements with contractors. Ensure that contracted workers have access to a grievance procedure; provide one if necessary. There are no relevant provisions in the legislation. Where there is a high risk of forced and child labour in the primary supply chain, monitor supply chain, identify risks and where child or forced labour are identified, take appropriate steps to remedy them. Where there is a high risk of significant safety issues in the supply chain, introduce procedures and mitigation measures to prevent and correct life-threatening situations. 23C-6