Legal Framework for Termination in Mali
In Mali, termination procedures are governed by Law No. 92-020 of September 23, 1992, establishing the Labor Code, amended by several texts including Law No. 2017-021. This legal framework defines the conditions under which an employer may terminate an employee's employment contract.
Termination can only occur for legitimate reasons and must follow strict procedures, failing which it may be declared null and void.
Legitimate Grounds for Termination
Termination for Personal Reasons
- Simple misconduct: negligence, repeated tardiness, minor insubordination
- Serious misconduct: theft, violence, job abandonment, gross insubordination
- Gross misconduct: acts causing intentional harm to the company
- Professional inadequacy: proven incompetence after training
Economic Termination
- Economic difficulties of the company
- Technological changes
- Company reorganization
- Partial or total cessation of activity
Mandatory Termination Procedures
Preliminary Interview Summons
Before any termination, the employer must summon the employee to a preliminary interview by registered letter with acknowledgment of receipt or hand delivery with proof of receipt.
The summons must include:
- The purpose of the interview
- Date, time, and location
- Employee's right to be assisted
Minimum period: 48 hours between summons and interview.
Preliminary Interview
During the interview, the employer must:
- Present the reasons for the proposed termination
- Allow the employee to present their defense
- Prepare minutes of the interview
Termination Notification
If the termination decision is upheld, it must be notified by registered letter stating:
- Specific reasons for termination
- Effective date
- Compensation due
- Available remedies
Notice Periods
Notice period duration varies according to professional category and seniority:
Employees and Workers
- Less than 6 months seniority: no notice period
- 6 months to 2 years: 1 month
- More than 2 years: 2 months
Supervisors and Executives
- Less than 1 year seniority: 1 month
- 1 to 5 years: 2 months
- More than 5 years: 3 months
Exception: No notice period is due in cases of serious or gross misconduct.
Severance Pay
Termination Indemnity
For employees with at least 1 year of seniority:
- 1 to 5 years: 25% of monthly salary per year
- 5 to 10 years: 30% of monthly salary per year
- More than 10 years: 40% of monthly salary per year
The reference salary corresponds to the average of the last 12 months or, if more favorable, the last salary.
Notice Period Compensation
If the employer relieves the employee from working the notice period, compensation equivalent to the salary for the notice period must be paid.
Accrued Leave Compensation
The employee is entitled to payment for accrued and unused leave, calculated at 2.5 working days per month of actual service.
Exemption Cases
The employer is not required to pay severance in cases of:
- Employee's serious or gross misconduct
- Employee resignation
- Force majeure
Economic Layoffs: Specific Procedures
Staff Representatives Consultation
The employer must consult the works council or staff delegates before any economic layoff.
Administrative Authorization
For economic layoffs involving:
- More than 10 employees: authorization from Labor Inspector
- Staff delegates or works council members: special authorization
Layoff Order
The employer must respect the following order:
- Family responsibilities
- Company seniority
- Professional quality
- Age (priority to older employees)
Appeals and Disputes
Amicable Appeal
The employee may petition the Labor Inspectorate within 30 days following termination notification for a conciliation attempt.
Legal Appeal
If conciliation fails, the employee may petition the Labor Tribunal within 2 years from contract termination.
Penalties for Wrongful Termination
The tribunal may order the employer to:
- Reinstate the employee (rare in practice)
- Pay damages equivalent to 6 months minimum wage
- Pay unpaid compensation
Special Cases
Pregnant Women
Termination of pregnant women is prohibited during pregnancy and until 14 weeks after childbirth, except for serious misconduct unrelated to pregnancy.
Work Accident or Occupational Disease
Termination is suspended during temporary incapacity period, except for serious misconduct or impossibility to maintain the contract.
Staff Representatives
Staff delegates and works council members benefit from special protection requiring Labor Inspector authorization.
Note: Some specific elements may require verification with recent official sources, particularly compensation amounts and procedural deadlines which may evolve.