Termination in Mali: Procedures, Notice & Severance Pay 2024

Last updated: 22/02/2026 2 views

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:

  1. Family responsibilities
  2. Company seniority
  3. Professional quality
  4. 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.

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