What Severance Pay Rules Must Employers Follow in Guinea Conakry?

Which Employees Qualify for Severance Pay?

• Employees hired under an open-ended (CDI) or fixed-term (CDD) contract who are dismissed for reasons other than serious or gross misconduct.
• Employees who have completed at least the minimum continuous service required by the Labour Code or an applicable collective agreement.
• Workers terminated for economic, technological, or organizational reasons, where the role is eliminated or significantly changed.
• Employees whose contracts are ended prematurely by the employer without a legally valid reason or proper procedure.
• Employees who resign for employer fault that is recognized as constructive dismissal under Guinean law.
• Employees covered by a collective agreement or company policy that grants severance even beyond statutory requirements.

What Are the Legal Timelines for Paying Severance?

In Guinea, the Labour Code expects you to settle all termination-related payments, including severance, at the end of the notice period or on the employee’s final working day. In practice, labour authorities and courts look for payment within a very short window after termination, usually no more than a few days. Any delay can be treated as non-payment of wages, exposing your company to claims for interest and damages. To stay safe, your internal policy should target payment on or before the last day of work, with clear documentation and signed receipts. When terminations involve multiple employees, plan cash flow and approvals early so you do not miss this practical deadline.

What Penalties Apply if Severance Is Not Paid Correctly?

If your company fails to pay severance correctly in Guinea, you risk financial, administrative, and reputational consequences. Labour inspectors can intervene, and employees can bring claims before the labour courts, which often interpret protections in favor of workers. Underpayment, late payment, or failure to justify a dismissal can all increase your exposure.

• Courts can order payment of outstanding severance plus interest and monetary damages.
• Unlawful dismissal findings may trigger additional compensation beyond normal severance.
• Labour inspectors can impose administrative fines and require corrective measures.
• Persistent non-compliance can lead to audits and closer monitoring of your HR practices.
• Disputes and bad press can damage your employer brand and make hiring more difficult.

Does Outsourcing Employment via an EOR Change Severance Liability?

Using an Employer of Record (EOR) such as https://www.playroll.com/employer-of-record does not remove the need to follow Guinea’s Labour Code, but it can shift day-to-day compliance work. In a typical EOR model, the EOR is the legal employer in Guinea and is responsible for calculating and paying severance according to local law and any applicable collective agreements. However, your company, as the client, usually defines when and why an employee is terminated, so you remain commercially and morally responsible for those decisions. If the termination is mishandled, the worker may still target both the EOR and your company in a dispute. A well-drafted EOR contract should clearly allocate severance costs, procedures, and risk-sharing between you and the provider.

Be 100 Percent Compliant in Offering Severance with Playroll

Managing severance in Guinea can be challenging, especially when you are coordinating notice periods, documentation, and final pay across multiple locations. Playroll helps your company navigate the Guinean Labour Code, local practices, and any collective agreements so that severance calculations are accurate and paid on time. Your team gets clear breakdowns of entitlements, while employees receive transparent, well-documented final settlements.

With Playroll as your global employment partner, you can standardize your termination workflows while still respecting Guinea-specific rules. Our platform and experts support you in planning terminations, budgeting for severance, and reducing the risk of disputes or penalties. That means fewer surprises for your finance team, smoother offboarding for employees, and a stronger compliance posture in every country where you hire.