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-====== Gabon – PART 2: SECTOR SPECIFIC REGULATION ======
+===== PART 2 – SECTOR SPECIFIC REGULATION =====
-* [[domestic_work|Domestic Work Sector]] Gabon
+==== Domestic Work Sector (Gabon) ====
-Gabon's legal framework for domestic workers is primarily governed by the Labour Code, which prohibits forced labour. While the Labour Code does not contain a comprehensive regime dedicated exclusively to domestic workers, it provides general protections applicable to workers including domestic workers.
+Gabon's legal framework for domestic workers is primarily governed by the Labour Code, which prohibits forced labour. While the Labour Code doesn't explicitly detail specific provisions for domestic workers, it does outline general protections for workers, including the prohibition of forced labour. There's no specific legislation in Gabon that prohibits servitude for domestic workers, but the Labour Code does address forced or compulsory labour.
-• Labour Code (Act No. 022/2021 of 19 November 2021)
+  * Labour Code (Act No. 022/2021 of 19 November 2021)
+    * Where there are no employee representatives, the dismissal of domestic workers shall be contingent upon notification to the worker, subject to a notice period. A copy of such notification must be sent to the relevant labour inspector. (Art. 66(3)).
-Where there are no employee representatives, the dismissal of domestic workers shall be contingent upon notification to the worker subject to a notice period. A copy of such notification must be sent to the relevant labour inspector. (Art. 66(3)).
+  * 2017 Social Protection Code (Act No. 2016-28 of 6 February 2017)
+    * All individuals who are regularly resident in the country, including domestic workers, are potentially covered by the mobile and self-employed schemes. (Art. 35).
+    * The amounts of the contributions for mobile and self-employed workers and other contributors are determined by joint order of the Ministers of Social Protection and the Economy on a real or flat-rate income basis. The same applies to the contributions of domestic workers or housekeepers. (Art. 65).
-• Social Protection Code (Act No. 2016-28 of 6 February 2017)
+  * Act No. 028/2016 containing the Social Protection Code in the Republic of Gabon.
+    * Domestic workers legally residing in the country are potentially subject to the mobile worker and self-employed worker schemes (Art. 35).
-All individuals regularly resident in the country, including domestic workers, may be covered by the mobile and self-employed worker schemes. (Art. 35)
+  * Decree No. 599/PR of 17 June 1981 establishing the modalities of application of the Social Security Code and complementary legislative provisions.
+    * The employer of domestic workers is required to join the Fund like any other employer (Art. 7).
+    * For domestic workers, a quarterly contribution is determined by way of decree (Art. 35).
-The contributions for mobile and self-employed workers and domestic workers are determined by joint order of the Ministers responsible for Social Protection and the Economy. (Art. 65)
+  * Decree implementing the Gabon’s Social Security Code of 8 December 1982.
+    * Notwithstanding the provisions of Art 3, the amount of the back-to-school allowance due on behalf of the children of employees covered by the domestic workers' scheme is paid directly by the National Social Security Fund in accordance with the procedures applicable to family benefits. (Art 4).
-• Act No. 028/2016 containing the Social Protection Code in the Republic of Gabon
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
-Domestic workers legally residing in the country are potentially subject to the mobile worker and self-employed worker schemes. (Art. 35)
+----
-• Decree No. 599/PR of 17 June 1981 establishing the modalities of application of the Social Security Code
+==== Street Vendors (Gabon) ====
-The employer of domestic workers must join the National Social Security Fund like any other employer. (Art. 7)
+In Gabon, street vending is regulated by a mix of national and local laws, aiming to balance economic activity with public order and safety. While the government acknowledges the importance of street vendors in the informal economy, regulations are in place to manage their operations and ensure compliance with public space management and health standards.
-For domestic workers a quarterly contribution is determined by decree. (Art. 35)
+  * Decree No. 00310/2004/PE/CL/SG/DGAAJ/DR of 1 April 2004, supplementing Decree No. 001/2000 of 1 February 2000 on health and public hygiene regulations for the municipality of Libreville.
+    * Article 2: Hygiene and sanitation in commercial matters apply to the person of the trader, to food and products for sale, to buildings for commercial use and to itinerant trade.
+      * Section 4 - Street vending.
+    * Article 35: The following are prohibited:
+      * any street vending near public buildings, on pavements and roads:
+      * the sale of foodstuffs and any other goods from bags, bowls, baskets, wheelbarrows, etc.;
+      * the establishment of street traders; and the sale of cakes, doughnuts, yoghurts, sugar, milk, etc. near schools or nurseries.
+      * However, certain authorisations to sell in open areas, sufficiently large squares and other public places may be granted by the Mayor of Libreville, with the consent of local property owners, to street vendors who hold the required trading documents.
-• Decree implementing the Social Security Code of 8 December 1982
+  * Decree No. 008/MAEPA of 05/03/2021 establishing the procedures for issuing health approvals in the Gabonese Republic.
+    * Article 2: For the purposes of this Decree, the following definitions apply:
+      * Street food: the sale of prepared dishes, food and beverages, ready for consumption and sold on or near the street, as well as in any other similar public space, by street vendors or through outdoor food outlets, by street vendors or through outdoor food outlets.
+      * Street food vendors are natural or legal persons who engage in activities such as street baking, grilling meat or fish in any form, roasting chicken, selling sandwiches, selling ice cream in cones, bags or tubs, selling hot and cold drinks, selling fruit and vegetables, and selling cooked meals;
+    * This Decree applies in particular to: actors engaged in street food businesses (Art. 3).
+    * Category 3 health approval, abbreviated to ‘AS CAT3’, is issued in particular: for the exercise of professions related to street food, in particular: street bakeries: doughnuts, cakes, pancakes, croquettes, pastries; grilled meat or fish in any form; roast chicken; sandwich shops; sale of ice cream in cones, bags or tubs; sale of hot drinks: coffee, tea, milk, various porridges; sale of cold drinks: local drinks, artisanal drinks, bissap, ginger, curdled milk, yoghurt, bottled water; sale of fruit and vegetables; sale of ready meals; sale of processed or semi-processed fishery products in any form whatsoever; fish cutting workshops. (Art. 8).
+    * These operators and businesses are required to comply with the health, food hygiene and environmental conditions relating to the handling, preparation and display of food products and commodities specific to their activities, as set out in the applicable legislation.
+    * The fees for the issuance of a category 3 health approval (AS CAT3) are set as follows:
+      * for street bakeries, in particular those selling doughnuts, cakes, pancakes, croquettes and pastries:
+      * fifteen thousand (15,000) CFA francs/year (Art. 20).
-The back-to-school allowance due on behalf of children of workers covered by the domestic workers’ scheme is paid directly by the National Social Security Fund. (Art. 4)
+  * Decree No. 000326/PR/MAEPA of 27 August 2020 determining the health and hygiene conditions applicable to street food businesses
+    * The following activities are identified as street food businesses: street bakeries; donuts, cakes, pancakes, croquettes, pastries; grilled meat or fish in any form; roast chicken; sandwich shops; sale of ice cream in cones, bags or tubs; sale of hot drinks: coffee, tea, milk, various porridges; sale of cold drinks: local drinks, artisanal drinks, bissap, ginger, curdled milk, yoghurt, bottled water; sale of fruit and vegetables; sale of ready-made meals. (Art. 2).
+    * Street food: the sale of prepared dishes, food and drinks, ready to be consumed and sold on or near the street, as well as in any other similar public place, by street vendors or by means of outdoor food outlets (Art. 3).
+    * Any person engaged in street food vending is required to comply with the health and hygiene conditions relating to the handling, preparation and display of food products and commodities specific to their activity, in accordance with the provisions of Decree No. 578/PR/MAEAMOPG of 26 November 2015 referred to above.
+    * The health and hygiene conditions relating to the handling, preparation and display of food products and commodities specific to each street food activity are detailed in an order issued by the Minister responsible for the Food Industry (Art. 7).
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
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+==== Waste Reclaiming (Gabon) ====
+(Content to be added.)
-* [[street_vendors|Street Vendors]] Gabon
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
-Street vending in Gabon is regulated through municipal hygiene regulations and national food safety legislation.
+----
-• Decree No. 00310/2004/PE/CL/SG/DGAAJ/DR of 1 April 2004 supplementing Decree No. 001/2000 on hygiene regulations for the municipality of Libreville.
+==== Home Working (Gabon) ====
-Article 35 prohibits:
+Gabon does not have a specific law granting employees a general right to work from home. However, if an employment contract explicitly allows for remote work, then the employee is legally entitled to work remotely according to the contract's terms. The Labour Code (Act No. 022/2021 of 19 November 2021) includes provisions for remote work and other types of employment contracts (Art. 21), but it doesn't establish a blanket right to work from home.
-- street vending near public buildings
+  * Labour Code (Act No. 022/2021 of 19 November 2021)
-- vending on pavements and roads
+    * Remote working refers to any form of work organization in which work that could have been performed on the employer's premises is carried out by an employee outside those premises, depending on the circumstances, using information and communication technologies.
-- selling goods from bags, bowls, baskets or wheelbarrows
+    * Any employee of the company who, either upon hiring or at a later date, performs work as remotely as defined in the first paragraph of this article is considered a remote worker.
-- establishment of traders near schools or nurseries.
+    * When the employee and employer agree to use remote work, they formalize their agreement by any means. When the request to use remote work is made by a worker living with a disability or a caregiver, the employer shall provide reasons for their decision to refuse, if applicable.
+    * Remote work may be made mandatory in the event of war, force majeure, epidemic, pandemic, or any other situation that makes it impossible for the worker to travel to the workplace.
+    * Remote workers have the same rights as workers who perform their work in the company's premises.
+    * The practical terms and conditions of remote working are set out in collective agreements or company agreements in consultation with employee representative bodies. (Art. 53).
-However, the Mayor of Libreville may authorise vending in open areas or designated public places where traders possess the required documentation.
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
-• Decree No. 008/MAEPA of 05 March 2021 establishing procedures for issuing health approvals.
+----
-Street food vendors must obtain **Category 3 health approval (AS CAT3)**.
+==== Gig Work and the Platform Economy (Gabon) ====
-Street food includes the sale of:
+  * Social Protection Code 2017 (Act No. 2016-28 of 6 February 2017)
+    * The systems and schemes for mobile and self-employed workers include the general basic schemes and the supplementary schemes. (Art. 32)
+    * Mobile and self-employed workers are entitled, under the conditions laid down by the texts in force, to all the benefits available under the social security, social guarantee and health and social action schemes. (Art. 34)
+    * All persons who are regularly resident on the national territory, in particular:
+      * domestic workers
+      * traders. (Art. 35)
-- grilled meat or fish
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
-- roast chicken
-- sandwiches
-- pastries and doughnuts
-- hot drinks
-- cold drinks
-- fruit and vegetables
-- ready meals.
-The annual fee for street bakeries is **15,000 CFA francs**. (Art. 20)
+----
-• Decree No. 000326/PR/MAEPA of 27 August 2020 determining hygiene conditions for street food businesses.
+==== Farm Work (Gabon) ====
-Street food vendors must comply with hygiene, food safety, and environmental regulations governing preparation and sale of food products.
+  * Labour Code (Act No. 022/2021 of 19 November 2021)
+    * In all farming and related businesses, working hours are based on two thousand four hundred (2,400) hours per year. Within this limit, working hours are set in sectoral collective agreements. (Art. 196(3)).
+    * Specific provisions relating to occupational safety and health in certain professional sectors are set by joint order of the Ministers of Labour and Health following consultation with the technical advisory committee for occupational safety and health. These include, inter alia, mining operations, oil operations, and forestry and farming operations (Art. 259).
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
+  * Act No. 022/2008 relating to the Farming Code in the Gabonese Republic.
+    * Farmer refers to any person already engaged in or starting to engage in farming activities (Art. 7).
+    * Investment aid aims to guarantee farmers and rural operators: legal certainty for their investments, easier access to credit, the granting of investment support premiums and allowances, tax incentives, and tax exemptions. (Art. 3).
+    * Farmers shall be exempt from various taxes and duties. (Art. 20).
+    * The following are exempt from business tax:
+      * farmers and livestock breeders for the sale of products of any kind from their farms;
+      * farmers' unions and livestock breeders for the sale of products of any kind from their farms;
+      * farmers' unions and marketing cooperatives without retail outlets. (Art. 21).
+  * Act No. 023/2008 of 10 December 2008 relating to sustainable agricultural development policy.
+    * Farmer refers to any natural or legal person who regularly carries out farming activities. (Art. 7).
+    * Any natural or legal person routinely engaged in farming activities is required to declare this activity to the authorities. (Art. 9).
+    * Any farmer who meets the conditions set out in Article 9 above shall benefit from: the advantages of the State's agricultural policy, social protection, and the right to training. (Art. 14).
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+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
-* [[waste_reclaiming|Waste Reclaiming]] Gabon
+==== Mining and Artisanal Mining (Gabon) ====
-Waste management in Gabon is regulated through environmental legislation promoting waste reduction, recycling, and recovery.
+Gabon's mining sector is governed by Mining Code Law No. 037/2018, which replaced the previous 2000 code and aims to regulate mining activities, promote investment, and ensure compliance with environmental and safety standards.
-Environmental management laws establish obligations regarding the collection, treatment, and disposal of waste and regulate waste management activities carried out by individuals or businesses.
+  * Act No. 037/2018 of 11 June 2019 regulating the mining sector in the Gabonese Republic.
+    * Only individuals of Gabonese nationality are eligible to engage in artisanal mining, subject to compliance with the applicable laws. (Art. 12).
+    * The holder of an artisanal mining permit is subject to quarterly payment of 5% of the market value of their production, unless an exemption is granted by the Minister responsible for Mines. (Art. 68).
+    * Individual artisanal mining requires an individual artisanal mining permit (expart card) issued for a renewable period of two years. (Art. 69).
+    * The individual artisanal mining permit may be withdrawn thirty calendar days following formal notice. (Art. 70).
+    * Failure to obtain a permit is punishable by a fine of fifty thousand to one million CFA francs for individuals. Failure to declare or update the register is punishable by a fine of one hundred thousand to two million CFA francs. (Art. 266).
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
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+==== Taxi and Transport Sector (Gabon) ====
+  * Decree No. 000095/PR/MTMM of 28 February 2000 setting out the terms and conditions for working as a taxi driver.
+    * This decree specifies the requirements in terms of age, driving licence, fitness tests and the issuance of a professional licence.
-* [[home_work|Home Working]] Gabon
+  * Order No. 000096/MTMM/SG/DGTT of 27 July 2000 relating to the organisation of fitness tests for the profession of taxi driver.
+    * The taxi driver competency exam consists of a theoretical part and a practical part. To take part in the second part, applicants must first have been declared eligible for the first part. (Art. 2).
-Gabon does not grant a general statutory right to work from home. However, where employment contracts permit remote work, employees may perform work remotely under the terms of the contract.
+  * Decree No. 000006/PM/MTMM of 15 January 2001 establishing a special committee for the validation of professional taxi licences.
+    * The Committee is tasked with receiving and reviewing applications for taxi driver professional licences. (Art. 1).
+    * The Committee is made up of representatives from various ministries and operators in the industry. (Art. 2).
-• Labour Code (Act No. 022/2021 of 19 November 2021)
+  * Decree No. 00096/PR/MTAC of 9 February 2004 requiring professional training for transport operators.
-Remote working refers to any form of work organisation in which work that could have been performed on the employer's premises is carried out outside those premises using information and communication technologies.
+  * Decree No. 000311/PR/MTAC of 2 April 2020 establishing the terms and conditions for the fee-based operation of vehicles providing public passenger transport services.
+    * Fee-based public passenger transport is subject to prior authorisation from the Ministry of Transport. (Art. 2).
+    * Operation is subject to payment of duties and taxes. (Art. 4).
+    * Drivers must hold a certificate of competency. (Art. 5).
+    * Urban taxis/taxi buses require authorisation to park on public roads while waiting for customers. (Art. 7).
+    * Drivers and operators must present documents upon request. (Art. 16).
-Any employee who performs work remotely is considered a remote worker.
+  * Press Release No. 001050/MTMMM/SG of 24 July 2024 regulating the Taxi Driver Profession in Gabon.
+    * Requirements include:
+      * Be at least 21 and not more than 60 years of age;
+      * Hold valid category B and D driver’s licences;
+      * Have passed taxi driving ability tests;
+      * Hold a taxi driver licence issued by the Ministry of Transport.
-Where the employer and employee agree to remote work, the arrangement must be formalised by agreement between the parties.
+  * Decree No. 000634/MCI/SG/DGC/DCIP of 1 July 1991 relating to activities reserved exclusively for nationals.
-Where a worker living with a disability or a caregiver requests remote work, the employer must give reasons for refusal.
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
-Remote work may be mandatory in situations such as:
+----
-- war
+==== Cross-Border Informal Trade (Gabon) ====
-- force majeure
-- epidemic
-- pandemic
-- situations preventing workers from travelling to the workplace.
-Remote workers have the same rights as workers performing their work on company premises.
+(Content to be added.)
-The terms governing remote work are determined through collective agreements or company agreements. (Art. 53)
+[[gabon|Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
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-* [[gig_economy|Gig Work and the Platform Economy]] Gabon
-• Social Protection Code (Act No. 2016-28 of 6 February 2017)
-Mobile and self-employed worker schemes include both basic and supplementary social protection systems. (Art. 32)
-Mobile and self-employed workers are entitled to social security and social protection benefits. (Art. 34)
-These schemes potentially cover:
-- domestic workers
-- traders
-- other self-employed workers. (Art. 35)
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
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-* [[farm_work|Farm Work]] Gabon
-• Labour Code (Act No. 022/2021 of 19 November 2021)
-Working hours in farming enterprises are calculated on the basis of **2,400 hours per year**. (Art. 196)
-Specific occupational safety and health provisions apply to sectors including farming and forestry. (Art. 259)
-• Act No. 022/2008 relating to the Farming Code.
-Farmers benefit from investment support including:
-- access to credit
-- tax incentives
-- investment support premiums.
-Farmers and farming cooperatives may be exempt from several taxes including business tax and VAT. (Arts. 20-21)
-• Act No. 023/2008 relating to sustainable agricultural development policy.
-Farmers must declare their activities to the authorities and obtain registration with the Ministry of Farming. (Art. 9)
-Registered farmers may access agricultural policy benefits and training. (Art. 14)
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
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-* [[artisanal_mining|The Mining Sector and Artisanal Mining]] Gabon
-The mining sector is governed primarily by **Mining Code Law No. 037/2018**.
-Only Gabonese nationals may engage in artisanal mining. (Art. 12)
-Artisanal miners must obtain an artisanal mining permit valid for two years. (Art. 69)
-Permit holders must pay **5% of the market value of production** unless exempted by the Minister responsible for Mines. (Art. 68)
-Failure to obtain a permit may result in fines between **50,000 and 1,000,000 CFA francs**. (Art. 266)
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
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-* [[taxi_transport|Taxi and Transport Sector]] Gabon
-• Decree No. 000095/PR/MTMM of 28 February 2000 regulating taxi drivers.
-Requirements include:
-- minimum age requirements
-- valid driving licences
-- medical fitness tests
-- professional licence issued by transport authorities.
-• Order No. 000096/MTMM/SG/DGTT of 27 July 2000 organising taxi driver competency examinations.
-The exam consists of theoretical and practical components.
-• Decree No. 000311/PR/MTAC of 2 April 2020 regulating public passenger transport.
-Public passenger transport services require prior authorisation from the Ministry of Transport.
-Drivers must hold competency certificates and required licences.
-Drivers must present documentation authorising transport activities upon request by authorised officials.
-• Press Release No. 001050/MTMMM/SG of 24 July 2024 regulating the taxi profession.
-Taxi drivers must:
-- be between 21 and 60 years old
-- hold category B and D licences
-- pass taxi driving ability tests
-- hold a taxi driver licence issued by the Ministry of Transport.
-[Back to Gabon Part 1 – HIGH-LEVEL COUNTRY MAPPING]
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-* [[cross_border_trade|Cross-Border Informal Trade]] Gabon
-Research ongoing.