The previous mining code had established general principles around preference to be given to the employment of Guinean nationals and with regard to training and technology transfer; the new code introduces a number of strengthened obligations (articles 108 and 109).
Specific quotas of Guinean nationals are provided for each category of workers of a mining company and each stage of a mining project. Any breach of these quotas will be subject to a fine.
A Guinean national with appropriate skills must be appointed as managing director of a mining company after a five-year period following the beginning of the exploitation. The deputy managing director must be a Guinean national as soon as the exploitation company starts its activity.
The holder of a mining title (and its sub-contractors) must hire, on a priority basis, residents of local or neighbouring communities and, in all cases, exclusively Guinean nationals for works which do not require any qualification.
Each year the title holder must submit a report on the employment of Guinean nationals to the Ministry of Mines and the Ministry of Employment.
The duration of the working permits of expatriate workers of a company holding a mining title cannot exceed three years.
The title holder must submit to the Office National de la Formation et du Perfectionnement Professionnel a training and development programme which will promote as much as possible technology and skill transfer to the benefit of Guinean companies/workers and a programme de guinéisation (i.e. to ensure that as much of its personnel as possible is Guinean) in accordance with established quotas.
The authorities may request that a mining company complete their employees’ training through participation in mining operations abroad.
Mining companies must establish a career and succession plan for their employees.
All of the above obligations also apply to companies working for the mining companies.