The holder of a Mining Title or Quarry Authorisation and companies working on its behalf must comply with all applicable employment Law provisions.
Work permits for foreigners in the mining sector are issued by the Agence Guinéenne pour la Promotion de l’Emploi (AGUIPE) or any department serving in this capacity, after receiving approval from the Mining Administration.
Subject to Paragraph 1, the holder of the Mining Title or Authorisation must give preference to employing Guinean managers having the required skills. As a result, the holder of a Mining Operation Title or Mining operation permit for quarries shall, during the development phase, file with the Ministry in charge of Professional Training and with the Mining Administration a training plan for Guinean managers to enable them to acquire the skills required by the management of the company to occupy managerial positions in the first five years from the date of the art of commercial production.
The selection criteria will be announced in the press.
The holder of a Mining Title or Authorisation and companies working on its behalf are required to exclusively employ Guineans for all unskilled positions. The management of the holder of the Mining title or Authorisation may reserve certain unskilled positions for members of the Local Community.
Subject to the applicable Law, the holder of a Mining Title or Authorisation may employ a reasonable number of expatriate workers.
The minimum quota of Guinean employees for each phase of the evolution of the project and/or per period of operation of the company is set forth in the table below:
Minimum quota of Guinean employees by category in the various phases of the company’s evolution:
| Category of Workers | Exploration | Mining Operation | Operating Periods | ||
| Senior Managers | 33% | 20% | 60% | 60% | 90% |
| Managers | 50% | 30% | 80% | 90% | 100% |
| Qualified workers | 66% | 40% | 80% | 95% | 100% |
| Unskilled workers | 100% | 100% | 100% | 100% | 100% |
Failure to comply with these quotas will expose the holder of the Mining Title or Authorisation to a financial penalty, the amount and payment terms of which will be defined in the implementing regulations.
As of the Date of First Commercial Production, the Assistant Managing Director of the holder of the Mining Operation Title or Mining operation permit for Quarry Substances must be a Guinean national with the required skill to fulfil this role, recruited by the company according to its own procedures.
At the end of a period of five (5) years from the Date of First Commercial Production, the Managing Director of the mining company must be Guinean with the skills required to hold this position, recruited by the company according to its own procedures.
Each holder of a Mining Title or Authorisation must submit to the Ministry in charge of Employment and the Ministry in charge of Mines, on an annual basis a report on its measures for employing Guineans, which will outline the progress made by the holder of the Mining Title or Authorisation to achieve the quotas defined in this Article, as well as its activities to promote the creation of jobs or capacity building amongst Guineans. This report will be published in the Official Gazette and on the official website of the Ministry in charge of Mines, or on any other site designated by the Minister.