Africa: Regulations governing women in the workforce

Investment opportunities are increasing in Sub-Saharan Africa and multinational employers need to be aware of some very different employment law regimes, for example in relation to restrictions on the work women can do (as highlighted by a recent report from the World Bank (Women, Business and the Law 2014)).

Many of the francophone countries in sub-Saharan Africa, including Congo, Guinea and the Islamic Republic of Mauritania, have labour codes that devote entire chapters to regulating employment conditions for women. In some respects the provisions echo international legal instruments such as International Labour Organisation conventions, in others they reflect norms or standards that have evolved on a local level.

Aside from provisions relating to pregnancy, maternity leave and marital status, the regulations also include rules with respect to women’s working time (restricting night shifts and ensuring minimum night rest) and the preservation of women’s physical integrity and moral character. The latter involves two strands:

• where applicable, employers must provide an accommodation to women which offers certain guarantees, in particular in terms of health and safety and compliance with good habits and public decency;
• certain jobs/tasks cannot be allocated to women if they are “physically or morally inappropriate”. Generally the labour codes do not give examples of “physically or morally inappropriate” tasks, but these are likely to include tasks deemed to be beyond women’s physical capacity or likely to damage their health, physical integrity or offend their beliefs/morals.

Actions for employers

Investors and employers in sub-Saharan African countries should ensure their human resources teams are aware of the specific regulations governing women in the workforce. Failure to comply often gives rise to criminal liability and the imposition of a fine, in addition to potential civil claims for damages. Multinationals may need to adjust the application of global policies and standards in these jurisdictions.

Article written by Ntube Sone, Of Counsel.