Legal Framework for Workers' Rights in Mali
Mali has a labor legal framework primarily governed by Law No. 92-020 of September 23, 1992 establishing the Labor Code, modified by several subsequent texts. This code draws heavily from International Labour Organization (ILO) conventions, of which Mali has been a member since 1960.
Malian workers' rights are also protected by:
- The 1992 Malian Constitution (articles 17 to 25)
- Sectoral collective agreements
- The 8 fundamental ILO conventions ratified by Mali
- WAEMU Regulation No. 15/2003/CM on labor law harmonization
Freedom of Association and Union Rights
Right to Form Trade Unions
Article 278 of the Malian Labor Code guarantees workers and employers the right to freely establish trade union organizations. This freedom is exercised without prior authorization, in accordance with ILO Convention No. 87 ratified by Mali in 1960.
Key guarantees include:
- Freedom to join or not join trade unions
- Protection against anti-union discrimination
- Right to freely elect union representatives
- Special protection for staff delegates and union representatives
Collective Bargaining
Mali recognizes the right to collective bargaining through:
- National collective agreements by sector of activity
- Company-level agreements
- Participation in tripartite social dialogue bodies
The General Collective Agreement of Mali of December 12, 1975, although old, remains a reference text for several sectors.
Right to Strike
Article 294 of the Labor Code recognizes the right to strike as a fundamental right, subject to compliance with notice procedures set at:
- 6 working days for private enterprises
- 15 days for public services (to be verified)
- Obligation to continue negotiations during the notice period
Principle of Equality and Non-Discrimination
Equal Treatment
Article 4 of the Labor Code prohibits any discrimination in employment based on:
- Gender
- Age (except legal limits)
- National or social origin
- Race or ethnicity
- Religion or political opinions
- Trade union membership
Gender Equality in Employment
Despite legal provisions, challenges persist regarding gender equality:
- Principle of "equal pay for equal work" (article 103 of Labor Code)
- Prohibition of hiring discrimination
- Special maternity protection (14 weeks legal leave)
- Women's activity rate: approximately 50% according to ILO data (to be verified)
Protection Against Harassment
The Malian Labor Code prohibits:
- Moral and sexual harassment in the workplace
- Abusive sanctions
- Discriminatory disciplinary transfers
Protection of Working Conditions
Working Time and Rest
Mali's legal working time regime provides for:
- 40 hours per week maximum (article 141 of Labor Code)
- 8 hours per day as general rule
- At least 24 consecutive hours of weekly rest
- Overtime premium: 15% for first 8 hours, 35% beyond
Paid Leave
Leave entitlements include:
- 2.2 working days per month of effective service
- Minimum of 15 working days per year
- Additional leave for seniority
- Special leave (maternity, training, etc.)
Occupational Health and Safety
Employers are obligated to:
- Ensure a healthy and safe work environment
- Provide personal protective equipment
- Comply with hygiene and safety standards
- Report workplace accidents
Decree No. 96-178/P-RM sets general hygiene and safety measures in establishments.
Social Protection and Remuneration
Minimum Wage
The Guaranteed Minimum Interprofessional Wage (SMIG) in Mali amounts to:
- 28,460 CFA francs per month (approximately 43.4 EUR) - data to be verified
- Periodic revision by regulatory means
- Mandatory application in all sectors
Mandatory Social Protection
Malian workers benefit from:
- Affiliation with the National Social Security Institute (INPS)
- Coverage of risks: old age, disability, death, workplace accidents
- Family benefits
- Mandatory health insurance (AMO) being generalized
Appeals and Control Mechanisms
Labour Inspection
The National Labour Directorate ensures control of labor law application through:
- Labour inspectors distributed across the territory
- Control and sanctioning powers
- Mediation in collective disputes
Appeals Procedures
In case of rights violations, workers can approach:
- Labour inspection for mediation
- The Labour Court for individual disputes
- Arbitration procedures for collective conflicts
- Trade unions for legal assistance
Current Challenges and Prospects
Despite a relatively developed legal framework, several challenges persist:
- Effective application of texts, particularly in the informal economy
- Strengthening labour inspection capacities
- Improving tripartite social dialogue
- Harmonization with ECOWAS/WAEMU standards
- Addressing new forms of work (digital, telework)
Mali continues to adapt its legal framework to labor market developments and international standards, in the context of its membership in ECOWAS and WAEMU.