Employer of Record Guide in 

Niger

Vacation Leave

• Minimum entitlement: 30 calendar days after one year of continuous service
• Accrual rate: 2.5 days per month of service
• Seniority increases: Additional days granted after 20, 25, and 30 years of service
• Termination payout: Unused accrued leave must be paid out upon employment termination

Sick Leave

• Minimum entitlement: 5 days paid sick leave
• Maximum duration: Up to 6 months depending on length of service
• Medical certification: Required to validate sick leave claims
• Pay: Varies based on tenure and collective agreements

Maternity Leave

• Duration: 14 weeks total (6 weeks pre-natal, 8 weeks post-natal)
• Eligibility: All female employees
• Pay: 50% funded by employer, 50% by CNSS
• Job protection: Employment is protected during maternity leave period

Parental Leave

Note: Please double-check paternity leave provisions as sources show conflicting information.

• Paternity leave: 1 day paid leave for fathers
• Additional parental leave: No statutory provisions beyond maternity leave

Bereavement Leave

Note: Please double-check bereavement leave entitlements as sources show conflicting information about statutory vs collective agreement provisions.

Common bereavement leave framework (typically from collective agreements):

• Death of spouse: 6 days
• Death of parent/child: 4 days
• Death of parent-in-law: 3 days
• Employee marriage: 3 days
• Child marriage: 2 days

Personal & Family Leave

Personal and family leave provisions exist but are typically covered in collective bargaining agreements rather than statutory law. Specific entitlements vary by industry and employer.

Summary

Termination Types

Termination With Cause:

• Serious misconduct (theft, fraud, insubordination)
• No notice or severance required
• Burden of proof on employer

Termination Without Cause:

• Economic reasons or personal reasons
• Requires proper notice and severance
• Must follow procedural requirements

Constructive Dismissal:

• Unilateral detrimental changes to employment contract
• Treated as termination without cause

Notice Period Requirements

Notice periods vary by employee category and length of service:

Severance & Final Pay

Individual Dismissal Severance:

• 1-5 years: 25% of monthly salary per year of service
• 6-10 years: 35% of monthly salary per year of service
• 11+ years: 40% of monthly salary per year of service

Economic Dismissal Severance:

• 1-5 years: 30% of monthly salary per year of service
• 6-10 years: 35% of monthly salary per year of service
• 11+ years: 40% of monthly salary per year of service

Final Pay Timeline: Must be paid on or before the last day of the notice period, including outstanding salary and accrued benefits.

Legal Protections

Employees are protected from termination based on:

• Sex, age, national ancestry, social origin
• Race, religion, colour, political opinion
• Disability, HIV status, sickle cell disease
• Union membership or activity

Probationary Periods

• Standard length: 3 months
• Termination conditions: More flexible termination during probation
• Notice requirements: Reduced notice periods apply

National Holidays (2025)

Niger observes both secular and Islamic holidays:

*Islamic holidays are tentative and depend on lunar calendar observations.

Holiday Pay Rules

• Premium pay: Double the standard rate for work performed on public holidays
• Eligibility: All employees entitled to holiday pay
• Alternative arrangements: Time off in lieu may be provided by agreement

Regional Variations

Niger does not have major statutory regional holidays beyond the national calendar. Additional holidays may be specified in collective bargaining agreements.

Required Documents for Employment

• Employment Contract: Must be written in French and include job title, duties, salary, working hours, benefits, and termination clauses
• Work Authorization: Work permit required for foreign nationals
• Social Security Registration: CNSS registration mandatory for all employees
• Identity Documentation: Valid identification documents
• Tax Registration: For income tax withholding purposes

Language Requirements

• Official language: French
• Documentation: All official employment documents must be in French
• Communication: Business correspondence typically conducted in French

Background Checks & References

• Legal framework: No specific laws regulating background checks
• Best practices: Obtain candidate consent and ensure non-discriminatory practices
• Permitted checks: Employment verification, education verification, criminal background (if job-related)

Data Protection & Privacy

• Legal framework: No comprehensive data protection law equivalent to GDPR
• Best practices: Obtain employee consent for data collection and establish clear data handling policies
• Cross-border transfers: No specific restrictions, but good practices should be followed

IP Assignment & Confidentiality

• Confidentiality clauses: Standard and legally enforceable
• Non-compete clauses: Permissible but strictly regulated
• Requirements: Must be written, justified, and reasonable in scope and duration
• IP ownership: Should be clearly defined in employment contracts

Probation Period Setup

• Standard period: 3 months
• Termination flexibility: More flexible termination conditions during probation
• Documentation: Probation terms must be clearly stated in employment contract

Onboarding Timeline

Worker Classification: Employee vs Contractor

Niger distinguishes between contracts of service (employees) and contracts for services (independent contractors):

• Employees: Work under employer control, receive benefits, covered by Labour Code protections
• Contractors: Operate independently, responsible for own taxes and benefits
• Key factors: Level of control, integration into business, provision of tools/equipment
• Misclassification penalties: Back pay for benefits and statutory entitlements

Unionisation & Collective Agreements

• Right to unionise: Protected by law for all employees
• Collective bargaining: Collective bargaining agreements (CBAs) are prevalent and may provide benefits exceeding Labour Code minimums
• Industry coverage: Many sectors have established collective agreements
• Employer obligations: Must respect union rights and collective agreement terms

Cultural Norms & DEI Expectations

Niger's workplace culture emphasises:

• Hierarchy: Strong respect for seniority and authority
• Communication: Indirect and polite communication to maintain harmony
• Work-life balance: 40-hour work week and generous leave policies reflect value on personal time
• Religious considerations: Accommodation for Islamic practices and holidays

Anti-Discrimination Laws

Comprehensive protection against discrimination based on:

• Sex, age, national ancestry, social origin
• Race, religion, colour, political opinion
• Disability, HIV/AIDS status, sickle cell disease
• Union affiliation and activity

Remote Work Considerations

• Legal framework: No specific remote work legislation
• Application: Existing Labour Code applies to remote employees
• Employer obligations: Clear contract terms, health and safety compliance, data protection
• Employee rights: Same rights and benefits as office-based employees
• Equipment: Employer responsibility for necessary work tools and equipment

What Borderless AI Handles

When you hire in Niger through Borderless AI, we manage:

• Employment contract drafting in French
• CNSS registration and compliance
• Monthly payroll processing in XOF
• Tax withholding and remittance
• Leave tracking and administration
• Termination procedures and documentation
• Local labour law compliance monitoring