Employers required to submit Africanization plans
29 Jan 16
IMPACT – MEDIUM
What is the change? The Republic of Guinea has adopted new work permit rules that require employers hiring foreign workers to train local workers. The government has also increased the annual duty on work permits and designated certain jobs for Guinean workers only.
What does the change mean? Employers hiring foreign nationals must obtain authorization from the public employment service and the Guinean Agency for the Promotion of Employment (AGUIPE) and submit an Africanization plan that sets out the employer’s steps to train Guinean nationals for jobs held by foreign workers.
- Implementation time frame: Immediate. Companies currently employing foreign workers who were hired before the new rule was adopted will have 90 days to submit Africanization plans.
- Visas/permits affected: Work permits.
- Who is affected: Companies hiring foreign nationals. Nationals of ECOWAS member states are not affected.
- Impact on processing times: The requirement that employers submit an Africanization plan may lengthen the overall process.
- Business impact: The measures seek to protect the local work force and make sure employers have plans to transition skills to Guinean workers.
- Next steps: Companies with foreign staff holding supervisory and senior executive roles should prepare their Africanization plans. Companies already employing foreign nationals must submit the plans within the 90-day deadline. Companies applying for work permits must submit the plan with their applications.
Background: According to a ministerial order on regulating foreign labor, employers must submit Africanization plans to train Guinean nationals for jobs held by foreigners. Plans must be executed within two years for supervisory positions and four years for senior executives. AGUIPE will review the plans before issuing work permits.
In other changes, the government has increased the annual duty that employers must pay each year on work permits from US$300 to US$1,000 and has issued a list of protected jobs that may only be occupied by Guinean nationals. The list includes jobs in manufacturing, maintenance and repair, transport, construction, agriculture and others.
BAL Analysis: Employers should be aware of the new requirements to put in place training and transition programs. To avoid potential delays in processing, companies should make their Africanization plans available as soon as possible.
This alert has been provided by the BAL Global Practice group and our network provider located in the Republic of Guinea. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact firstname.lastname@example.org.