Congés pour motifs exceptionnels
The Labour Code outlines specific categories of absence, but for many of them, the duration is not explicitly determined by law. Instead, the length of time is left to the employer's discretion or to what is agreed in collective agreements or individual contracts.
A worker may request a leave of absence for personal reasons, subject to the employer’s approval, during which the employee temporarily ceases work and does not receive salary, benefits, or accrue rights related to promotion, seniority, or retirement. However, the employer cannot refuse a leave of absence when it is requested for breastfeeding following maternity leave, in the event of widowhood for a woman for up to six months, when the worker’s spouse, also employed by the same employer, is transferred for service reasons requiring relocation, or in the event of serious illness of the father, mother, spouse, or child requiring the worker’s assistance. Except in these mandatory cases, a leave of absence may not exceed one year unless otherwise agreed in writing, and it may be renewed once at the employer’s discretion, provided the employee requests renewal at least three months before expiry.
The employment contract is deemed suspended whenever the worker is legitimately absent or the employer withholds work. Suspension applies in cases of authorised absence under regulations, collective agreements, or individual agreements; educational leave granted under applicable provisions; pilgrimage to holy places; paid leave; or periods when the worker performs a regular political or trade union mandate incompatible with paid work. Unavoidable absences are considered periods of actual work for the calculation of leave entitlements, including training leave.
The Labour Code of Guinea does not offer provisions regarding special leaves. The specific conditions regarding leave related to family events or arising from exceptional circumstances are governed by collective agreements and individual employment contracts.
According to a recent collective agreement in the mining sector, exceptional leave of absence not deductible from the employee’s statutory leave and with no salary deduction is granted to workers for the following family events, upon presentation of civil status documents or a certificate issued by a qualified administrative authority:
- Marriage of the employee: Three (3) days
- Marriage of a child, brother, or sister: One (1) day
- Death of a spouse, a descendant or a direct-line ascendant: Three (3) days
- Death of a brother or sister: Two (2) days
- Death of a father-in-law or mother-in-law: Two (2) days
- Birth of a child: Two (2) days
- Baptism of a child: One (1) day
The employee must inform their employer as soon as possible and no later than eight (8) days after the event.
If the event occurs away from the workplace and requires the worker to travel, additional days of leave may be granted by mutual agreement. However, this extension will be unpaid.
Sources: §151(2), 156 (1) & (2), §222(17) of the Labour Code of the Republic of Guinea 2014; §95 of Collective Agreement for Mines, Quarries, Mining Industries and Related Sectors of the Republic of Guinea, 2025
