Legal Framework for Union Freedom in Mali
Union freedom in Mali is guaranteed by the Constitution of February 25, 1992 and primarily governed by Law No. 92-020 of September 23, 1992 establishing the Labor Code. Mali, a member of the International Labor Organization (ILO) since 1960, has ratified fundamental conventions on union freedom.
Fundamental Principles
- Freedom to establish unions without prior authorization
- Free membership rights for all workers
- Protection against anti-union discrimination
- Union autonomy in internal organization
Formation and Establishment of Trade Unions
Creation Requirements
According to Article 270 of the Malian Labor Code, a union can be formed by a minimum of 20 people practicing the same profession or similar professions. Requirements include:
- Filing statutes with the competent administrative authority
- List of executive board members
- Minutes of the founding general assembly
- Declaration receipt issued within 30 days
Representative Union Organizations
The main trade union federations in Mali include:
- National Union of Workers of Mali (UNTM) - established in 1963
- Trade Union Confederation of Workers of Mali (CSTM)
- Confederation of Workers of Mali (CTM)
- Autonomous unions by activity sectors
Right to Strike and Exercise Procedures
Legal Framework for Strike Rights
The right to strike is recognized by Article 25 of the Malian Constitution. The exercise of this right is regulated by Articles 391 to 398 of the Labor Code, which establish mandatory prior conciliation procedures.
Legal Strike Procedure
- Conciliation attempt: Mandatory referral to the labor inspector
- Cooling-off period: Minimum 6 working days after conciliation failure
- Strike notice: Filed 6 days before commencement
- Minimum service maintenance in essential public services
Services with Strike Restrictions
Certain sectors are subject to minimum service obligations:
- Hospitals and emergency health services
- Public security services
- Air traffic control
- Water and electricity services (to verify specific regulations)
Employee Representation in Companies
Staff Delegates
According to Articles 279 to 290 of the Labor Code, staff delegates are mandatory in companies employing at least 11 employees. Their duties include:
- Presenting individual and collective complaints
- Referring matters to the labor inspector in case of legal violations
- Participating in meetings with management
- Protection against dismissal (prior authorization required)
Works Councils
Companies with more than 50 employees must establish a works council composed of:
- Elected employee representatives
- Management representatives
- Union representatives where applicable
Collective Bargaining and Agreements
Bargaining Levels
Collective bargaining in Mali is organized at three levels:
- National: Inter-professional collective agreements
- Sectoral: Industry-specific agreements
- Company: Establishment agreements
Main Collective Agreements
Among the sectoral agreements in force (list to verify for completeness):
- Collective agreement for banks and financial institutions
- Mining sector collective agreement
- Transport collective agreement
- Textile industry collective agreement
Protection of Union Representatives
Protective Status
Elected or appointed union representatives benefit from special protection:
- Prior authorization from labor inspector for any dismissal
- Protection maintained for 6 months after end of mandate
- Right to paid delegation hours
- Freedom of movement within the company
Sanctions for Anti-Union Practices
Article 362 of the Labor Code punishes anti-union discrimination with fines of 300,000 to 600,000 CFA francs and imprisonment from 2 to 6 months.
Collective Dispute Resolution
Resolution Mechanisms
The Malian system favors amicable resolution of disputes through:
- Conciliation before the labor inspector
- Mediation by a neutral personality
- Arbitration with parties' agreement
- Recourse to labor courts as last resort
Role of Labor Inspection
Labor inspection in Mali plays a central role in:
- Mediating collective conflicts
- Monitoring application of collective agreements
- Authorizing dismissals of protected representatives
- Supervising respect for union rights
Current Challenges and Prospects
Informal Sector
With over 70% of employment in the informal sector (to verify - recent data), unionization remains limited. Challenges include:
- Low overall unionization rate
- Difficulties organizing informal workers
- Limited resources of union organizations
- Need to adapt to new forms of employment
Modernizing social dialogue and extending social protection constitute priority issues for developing labor relations in Mali.