- New Localization Requirement for Employers Hiring Foreign Workers
- April 24, 2016
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
- Employers in the Republic of Guinea that seek to hire non-Economic Community of West African States (ECOWAS) workers must comply with a localization plan requirement as soon as possible.
Key requirements of each Africanization plan include the following:
- The employer must provide an outline of its plans to train Guinean executives;
- The plan must include an authorization from the public employment service and the Guinean Agency Promoting Employment (AGUIPE); and
- The implementation time must not exceed two years for supervisors and four years for higher positions.
Employers are exempt from implementing the Africanization plan for the following foreign workers:
- Experts approved by the Guinean government working in public administration;
- Employees who are not remunerated on a monthly basis and are only paid on commission, unless they are also self-employed; and
- Managing directors, directors general and deputy directors general.
In addition to the Africanization plan requirement, the annual fee for hiring foreign workers has increased from USD 300 to USD 1,000.
Lastly, certain jobs have been reserved for Guinean workers, including secretarial and administrative support, transport services, construction services, manufacturing, production and agricultural services.
What This Means for Employers and Foreign Nationals
Employers should be prepared to submit Africanization plans with new work permit applications, and should contact their immigration professional to prepare plans for their current workers.
The review of the Africanization plan may delay work permit approvals.