Equatorial Guinea is a small nation that’s punching well above its weight. While it only has a GDP of $12.68 billion, making it the 158th-largest economy in the world, this is shared by a small population of just 1.64 million people. This gives it the 96th-highest per capita GDP at $7,750 per year. Equatorial Guinea has a labor force of nearly 714,000 workers, and while the oil and gas industry makes up a huge part of the country’s GDP, it accounts for only 14% of these workers. Over 55% of them are employed in agriculture, while the remaining 37% are employed in services like trade, transport, hospitality, and finance. With unemployment high at nearly 8%, employers generally have their pick of workers in this relatively loose job market. 

At the same time, employers can find it difficult to choose the right people for the jobs they have on offer. Even if they perform extensive screening and in-depth interviews, they can still find that the people they hire are mismatched for their organizations. Workers also face challenges when selecting jobs and employers to apply for. They may choose to start working for new employers, only to find out that these employers don’t provide what they promise, or that their new jobs don’t suit them well. Probation periods can help to reduce this kind of uncertainty on both sides. 

This guide will explain what a probation period in Equatorial Guinea is and how one can be beneficial to both the employer and the employee.

Definition of Probation Period in Equatorial Guinea

A probation period, or período de prueba, in Equatorial Guinea’s official language of Spanish, is an initial period during which an employer and an employee try out an employment relationship. Both sides of the relationship use this time to test their fit together and try to improve the chances that the relationship will be productive and last long-term.

For the employer, the probation period represents a time to observe and assess their new employee on the job, instead of in an artificial environment like an interview or even a skills test. The employer may perform formal assessments or simply decide whether the employee is able to perform the job satisfactorily. Many employers also work closely with probationary employees to help them improve their skills and quickly increase their productivity. Finally, the employer usually evaluates how well the new employee is able to work with their coworkers and fit into the company’s culture. 

Employees also assess their fit during their probation periods. A new employee will judge whether or not they’ll enjoy and be successful working in their new environment, corporate structure, and specific teams. They’ll also decide if they have the skills and abilities to perform their jobs well and successfully. Employees also use their probation periods to decide if the working conditions and benefits they were promised are delivered appropriately by their employers.

Probation in Equatorial Guinea starts on the employee’s first day on the job and will continue until its pre-determined end unless interrupted. Either party may choose to terminate their employment agreement during the trial period if they don’t believe it will work out long-term. However, if neither does, the period will be considered successful, and the worker will continue their contract as a full employee.

Lengths of Probationary Periods in Equatorial Guinea

Probationary periods are not required by law, but they are allowed and are used extensively by employers in all industries. The normal limit to a probation period in Equatorial Guinea is one month. This is the duration used by most employers for most roles.

However, probation periods can be extended if both parties agree in writing. For highly skilled workers or those who are difficult to evaluate, probation periods can be extended up to three months.

Legal Considerations of Probation Periods in Equatorial Guinea

Equatorial Guinea, as a former Spanish colony, has a legal system largely based on European civil law. The rules and regulations that relate to probation periods and regular employment are therefore usually found written in legal instruments such as the General Labor Law (GLL) and the General Regulation on Labor (GRL). Some of the most relevant rules include: 

Pay and Working Conditions

In Equatorial Guinea, private sector workers are protected by a minimum wage, though this wage has not been updated since 2011. All workers must be paid at least 117,304 XAF (Central African CAF francs) per month (roughly 210 USD). This wage also protects probationary workers. According to the GRL, probationary workers must also be paid the same as a permanent worker in the same professional category.

Employees work six days a week and can work a total of 48 hours if they work daytime hours or just 36 hours if they work at night. Their hours can be extended by two extra hours a day. When they work these overtime hours, workers have to be paid 125% of their normal wages for daytime hours and 150% if they work hours at night. There is no difference in these limits between probationary and permanent employees.

Termination and Notice

During probation, either party can rightfully terminate their employment agreement if they don’t see it working out. Employers must give justifications for dismissing workers, even during their probation. However, they don’t need to provide any notice of the dismissals if the worker hasn’t been employed for one month or more, nor do they need to provide any sort of compensation to terminated employees.

After one month’s employment, the worker becomes entitled to one week’s notice from their employer, even if they are still on probation. This notice period extends to one month after they have worked for six months. Employers can, however, pay dismissed workers in lieu of giving them notice of their dismissals.

Vacation / Holidays

Equatorial Guinea celebrates public holidays on ten important national and religious (Christian) days. These public holidays are paid days off for all employees, including both probationary and permanent workers. While most companies are required to close their doors on public holidays, exceptions may allow some employers to stay open. In these cases, their employees must pay them a premium, normally giving them 200% of their normal wages for working on holidays.

Workers are entitled to 30 calendar days of leave annually, but only after completing a year of service to an employer. Therefore, probationary workers are not entitled to take annual leave, though their working days help them accumulate it. After ten years of service, workers gain an extra day of annual leave for each year they work for their employer. When counting leave periods, it’s important to know that public holidays that fall within a worker’s annual leave period are not counted as part of the leave.

Benefits of Probation Periods in Equatorial Guinea

The law in Equatorial Guinea recognizes probationary periods as necessary for the evaluation of new workers. It therefore allows employers to use them at their discretion and within legal limits. Most employers choose to do so because of the following benefits that can be obtained:

  • For Employees

The chance to test out a new job and see if they’ll be happy and successful at it.

The opportunity to try out the working conditions and benefits provided, and compare these to what was offered by the employer.

The ability to resign easily and re-enter the job market quickly if a position is not working out.

  • For Employers

The chance to test out a new employee on the job to see if they have the skills and aptitudes required to perform their roles.

The opportunity to observe new employees’ interactions with their teammates and judge their fit into the corporate culture.

The ability to dismiss workers without having to give notice (if under one month’s duration).

Conclusion

Probation periods in Equatorial Guinea are well defined by law and have limited durations to be fair to employees while also giving employers adequate time to assess them. These periods can be beneficial for both sides as they help both employers and employees double-check their employment decisions. Therefore, probation periods are widely used across all industries in the country. 

Frequently Asked Questions

No, probation periods are not mandatory, but they are defined in law and are therefore widely used.

In most cases, a standard probation period can only last a maximum of one month. However, if both the employer and employee agree in writing, these periods can be extended. For workers performing highly-skilled roles and for those who are difficult to assess, these extensions can last up to three months.

This depends on the duration of the period. Employers are not required to give notice to workers who haven’t worked for them for at least one month. After this, however, they must give probationary employees one week’s notice of termination.