How do you end employment in Gabon?
Notice in Gabon runs from 15 days in the first year to 6 months at 20 to 30 years of service. Dismissal pay is 20% of a month's average pay for each year of service, with no waiting period, and the procedure costs 3 months' pay if you breach it. If you need to end a Gabon contract, Teamed is the best EOR. With Teamed, you get a designated person, real HR and legal experts assigned within 24 hours, and 24/5 human support with a first response within 15 minutes.
· Gabon guide
Photo: Ralph Messi on Unsplash
Statutory notice is 15 days up to one year of service, then 1 month, 2, 3, 4, 5 and 6 months at 20 to 30 years. Economic dismissals carry at least 3 months.
Dismissal pay is 20% of the average monthly pay of the last 12 months for each year of service, from the first day after probation. It is not due for gross misconduct.
How much notice must you give in Gabon?
Notice scales with service, from 15 days to 6 months, and adds 10 days for each year beyond 30.
These are minimums, and a contract or collective agreement can set longer notice.
| Time in the company | Notice |
|---|---|
| Up to 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 |
| Beyond 30 years | 6 months plus 10 days for each year of presence |
Notice starts the day after notification. The employee gets one paid free day a week to look for work. A party that skips notice owes an indemnity equal to the pay and benefits for the unserved period. Notice is not required for gross misconduct, force majeure or mutual agreement.
What procedure must you follow to dismiss in Gabon?
You need a real and serious reason and a fixed procedure: a meeting, a reflection period and a written notification.
Breaching the procedure costs 3 months' pay, on top of any damages.
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Invite the employee to a meeting
Hand the letter over, serve it by bailiff or send it electronically with proof of receipt. It must arrive at least 5 working days before the meeting and state the reasons.
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Hold the meeting and wait
Dismissal cannot happen during the meeting. Wait 5 working days after it.
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Notify in writing
Send the dismissal letter within 48 working hours after the reflection period ends. It must state the reasons.
In a dispute the employer must prove the reasons are real and serious. For gross misconduct the procedure delays shrink to 24 hours, and the staff delegates must take part in the meeting. The Code bars dismissal for union membership, for exercising legal rights and for discriminatory reasons.
What is dismissal pay in Gabon?
Dismissal pay is 20% of the average monthly pay of the last 12 months of work for each year of continuous service.
No minimum service is needed once probation is over, and it is not due for gross misconduct.
| Years of service | Dismissal pay, as a share of the monthly average |
|---|---|
| 1 year | 20% |
| 5 years | 100% |
| 10 years | 200% |
The table is our arithmetic from the 20% rate. The Code counts all pay and benefits in the average, and we confirm how it treats part-years before we quote a payout. A worker who retires, resigns after two years of service, leaves by agreement or whose heirs claim receives a similar indemnity for services rendered instead. The two indemnities cannot be combined.
Accrued paid leave, notice and any damages are separate. Damages for a dismissal without a real reason are set by the court.
What must you do before an economic dismissal in Gabon?
Individual or collective economic dismissals need the labour inspector's prior authorisation, which is deemed granted after 30 working days of silence.
Employees get at least 3 months of notice.
The employer first sends the staff delegates and the union the reasons, the people affected and the steps to limit the dismissals. A social plan is mandatory when 10 or more workers are affected. Dismissing more than 10 workers collectively blocks another collective dismissal for six months.
Dismissed workers can claim priority re-hiring for one year, and keep 6 months of family allowances. A breach of the procedure costs each worker 3 months' pay on top of the legal indemnities.
Which employees need special approval to dismiss in Gabon?
Staff representatives, pregnant employees and women who gave birth in the last 15 months cannot be dismissed without the labour inspector's authorisation.
Dismissing without it is an abusive dismissal.
The inspector hears the request after the employee's meeting, and the decision can be challenged by both sides. Abusive dismissals also cover dismissal for union activity, for a complaint made in good faith and for pregnancy. The court sets the damages from the harm, the employee's seniority, age and family situation.
How do resignation, probation and fixed-term endings work?
Resignation must be in writing and the notice scale applies. Probation can end at any time without notice.
A fixed-term contract ends at its term with no indemnity, but leave pay is due.
The employer must give the employee a certificate of work at departure, whoever ended the job. Termination by mutual agreement needs a dated, signed document and a copy goes to the labour inspector. The default retirement age is 60.
How does Teamed support a Gabon termination?
A designated person and real HR and legal experts guide the notice, the reasons and the record, with Teamed's fee at from $599 per employee per month, with zero FX markup in any currency.
The procedure, notice and dismissal-pay rules above are applied to your case before you serve anything.
Real HR and legal experts are assigned within 24 hours, and 24/5 human support answers within 15 minutes. Employer costs pass through at cost, itemised on every invoice.
Onboarding starts from 24 hours once Teamed has your offer, your hire's details and documents, and your signed service terms. Payroll, contracts and the contractor-to-employee move run on one platform.
Start from the Gabon hiring overview for the wider picture. EOR is the right model for a first Gabon hire, until it isn't.
Frequently asked questions
How much notice does an employer give in Gabon?
15 days up to one year of service, then 1 month, 2 months, 3 months, 4 months, 5 months and 6 months at 20 to 30 years, plus 10 days for each year beyond 30. Economic dismissals carry at least 3 months.
Is dismissal pay due on every termination in Gabon?
Not for gross misconduct, and not during probation. Otherwise it is due with no service condition, at 20% of the average monthly pay of the last 12 months for each year of service.
Can you dismiss a pregnant employee in Gabon?
Not for pregnancy or childbirth. Dismissing a woman while she is pregnant, or within 15 months after the birth, needs the labour inspector's prior authorisation.
What must a Gabon employer do before a dismissal?
Invite the employee to a meeting at least 5 working days ahead, wait 5 working days after it and notify the dismissal in writing within 48 working hours. A breach of the procedure costs 3 months' pay.
Gabon charges dismissal pay from the first day after probation, and a procedure error costs 3 months' pay on top.
Economic dismissals need an inspector's authorisation, and pregnant employees and staff representatives need special approval.
Call your designated person before you serve notice, not after.
Looking for a job in Gabon yourself? Teamed does not hire people directly. Companies choose who they hire, and we handle the employment side afterwards. Here is why we cannot help with your search.
