Mali's Labor Code: Legal Framework for Employment
The Mali Labor Code serves as the legal foundation for employment relationships between employers and employees in Mali. Adopted through Law No. 92-020 of September 23, 1992, this code has been amended and supplemented by several texts, notably Ordinance No. 00-040/P-RM of September 15, 2000.
Structure and Organization of the Labor Code
Scope of Application
Mali's Labor Code applies to all workers and employers operating within the national territory, except for:
- Civil servants and state employees governed by public service statutes
- Military personnel and security forces
- Magistrates
- Domestic workers employed by private individuals (specific regime)
Fundamental Principles
The Code establishes several essential principles:
- Freedom of work: Prohibition of forced labor
- Equal treatment: Non-discrimination in employment
- Worker protection: Safety and health guarantees
- Trade union freedom: Right to organize and collective bargaining
Types of Employment Contracts
Indefinite Duration Contract (CDI)
The indefinite duration contract constitutes the normal and general form of employment relationship in Mali. It can be concluded verbally or in writing, but written form is mandatory for:
- Managers and supervisory staff
- Foreign workers
- Contracts with special clauses
Fixed-Term Contract (CDD)
Fixed-term contracts can only be concluded in specific cases:
- Temporary replacement of an absent employee
- Temporary increase in activity
- Seasonal or campaign work
- Urgent work required by safety measures
Maximum duration: 2 years renewable once, totaling 4 years maximum.
Apprenticeship Contract
Intended for youth aged 14 to 25, it must be established in writing and approved by labor inspection. Its duration cannot exceed 4 years.
Working Time and Rest
Legal Working Hours
- Normal week: 40 hours maximum
- Normal day: 8 hours maximum
- Overtime: 15% premium from 41st to 48th hour, then 35% beyond
Leave and Rest
- Weekly rest: Minimum 24 consecutive hours (typically Sunday)
- Annual paid leave: 2.5 working days per month of effective service
- Public holidays: 13 legal public holidays (to verify according to official calendar)
Remuneration and Social Benefits
Minimum Wage
The Guaranteed Interprofessional Minimum Wage (SMIG) in Mali is set by regulation. At the last known adjustment, it was 28,460 CFA francs per month for 173.33 hours of work (to verify for current rates).
Payment Terms
- Monthly payment for employees
- Bi-weekly or monthly payment for workers
- Legal currency mandatory (CFA francs)
- Pay slip mandatory
Bonuses and Allowances
The Code provides for several mandatory allowances:
- Seniority bonus: After 2 years of service
- Transport allowance: Under certain conditions
- Family allowance: For workers with dependent children
Worker Protection
Occupational Health and Safety
The Code requires employers to:
- Ensure safety and protect workers' health
- Provide personal protective equipment
- Organize safety training
- Report workplace accidents
Special Protection
Specific provisions protect:
- Pregnant women: 14-week maternity leave
- Young workers: Prohibition of night work for those under 18
- Employee representatives: Protection against dismissal
Termination of Employment Contract
Resignation
Employees may resign while respecting notice periods that vary by professional category:
- Workers and employees: 1 month
- Supervisory staff: 2 months
- Managers: 3 months
Dismissal
Dismissal may be:
- For personal reasons: Employee misconduct or professional inadequacy
- For economic reasons: Economic difficulties, technological changes
Severance Benefits
- Notice compensation: Equivalent to salary for notice period
- Severance pay: After minimum 2 years of service
- Compensatory leave allowance: For unused vacation days
Collective Labor Relations
Trade Unions
The Code guarantees:
- Trade union freedom for all workers
- Right to collective bargaining
- Right to strike within legal procedures
Collective Agreements
Several sectoral collective agreements supplement Mali's Labor Code, particularly in:
- Banking sector
- Construction and public works
- Commerce
- Industry
Control and Sanctions
Labor Inspection
The Labor Inspection ensures compliance with the Labor Code. It has extensive powers:
- Unannounced company visits
- Formal notice to employers
- Drafting violation reports
Competent Jurisdictions
Individual labor disputes fall under the jurisdiction of Labor Courts, while collective conflicts are handled through specific conciliation and arbitration procedures.
Note: The information contained in this guide is based on current legislation. It is recommended to verify the latest legislative and regulatory modifications with competent authorities.