Legal Framework for Employment Contracts in Mali
Malian labor law is primarily governed by Law No. 92-020 of September 23, 1992, establishing the Labor Code, amended by several subsequent texts. This code defines the different types of employment contracts authorized in Mali and their implementation procedures.
As a member of ECOWAS, Mali also applies certain community principles regarding labor law while maintaining its national legislative sovereignty.
Permanent Employment Contract (CDI)
Definition and Characteristics
The permanent contract constitutes the normal and general form of employment relationship according to Article 18 of the Malian Labor Code. It is characterized by:
- No predetermined end date
- Job security for the employee
- Termination procedures regulated by law
- Protection against wrongful dismissal
Probationary Period
The duration of the probationary period varies according to professional category:
- Workers and employees: 8 days maximum
- Supervisors: 1 month maximum
- Executives: 3 months maximum
Termination of Permanent Contract
A permanent contract can be terminated by:
- Employee resignation with notice
- Dismissal for personal or economic reasons
- Mutual agreement
- Force majeure
Fixed-term Employment Contract (CDD)
Principle and Conditions
Fixed-term contracts can only be concluded in cases limitatively enumerated by Article 20 of the Labor Code:
- Replacement of a temporarily absent employee
- Temporary increase in activity
- Seasonal work
- Urgent work
- Jobs of temporary nature
Maximum Duration
The duration of fixed-term contracts, including renewals, cannot exceed:
- 24 months for common law contracts
- Possibility of derogation in certain sectors (to be verified according to sectoral texts)
Renewal
A fixed-term contract can be renewed only once for a duration that, added to that of the initial contract, does not exceed the maximum authorized duration.
Apprenticeship Contract
Definition and Objective
The apprenticeship contract is governed by Articles 80 to 95 of the Labor Code. It aims to provide methodical and complete professional training to a young worker.
Conditions
- Minimum age: 14 years (with parental authorization)
- Maximum age: 25 years
- Duration: between 6 months and 3 years depending on the trade
- Written form required
- Labor Inspection visa required
Apprentice Remuneration
The apprentice's salary is set as a percentage of the minimum wage:
- 1st year: 25% of minimum wage
- 2nd year: 40% of minimum wage
- 3rd year: 60% of minimum wage
Internship Contract
Legal Framework
Although the Labor Code does not specifically detail internship contracts, these are governed by regulatory texts and Malian administrative practice.
Main Characteristics
- Educational and professional integration purpose
- Limited duration (generally 3 to 6 months)
- Remuneration possible but not mandatory
- Tripartite agreement (intern, company, training institution)
Temporary Work (Interim)
Regulation
Temporary work in Mali is strictly regulated and requires prior approval from the labor administration for temporary work agencies.
Conditions of Use
Recourse to temporary work is only authorized for:
- Temporary replacement of an absent employee
- Temporary increase in activity
- Seasonal work
- Jobs temporary by nature
Duration and Renewal
- Maximum duration: 18 months including renewals
- Renewal possible within the limit of total authorized duration
Special and Sectoral Contracts
Domestic Work Contract
Governed by Articles 172 to 186 of the Labor Code, this contract has specific features:
- Probationary period of 8 days maximum
- Housing and food often provided
- Mandatory weekly rest
- Special protection for minors
Agricultural Contracts
Agricultural workers benefit from an adapted regime according to Articles 187 to 193 of the Labor Code:
- Consideration of seasonality
- Flexible remuneration methods
- Regulated housing conditions
Common Obligations for All Contracts
Form and Content
Every employment contract must mention:
- Identity of the parties
- Nature of the position and functions
- Place of work execution
- Remuneration and payment methods
- Contract duration (for fixed-term contracts)
- Probationary period duration if applicable
Minimum Wage
All contracts must comply with the Guaranteed Minimum Wage (SMIG) in force in Mali, revised periodically by decree (current amount to be verified with the Ministry of Labor).
Social Protection
Employers must affiliate all their employees to social protection organizations:
- National Social Security Institute (INPS) for pensions
- Malian Social Security Fund (CMSS) for family benefits
- Work accident insurance
Practical Advice for Employers
Choice of Contract Type
The choice of contract should be guided by:
- The permanent or temporary nature of the need
- Required qualifications
- Budget constraints
- Compliance with legal provisions
Administrative Formalities
Every employer must:
- Register the establishment with the Labor Inspection
- Keep an employee register
- Make monthly social declarations
- Respect visa procedures for certain contracts
Note: It is recommended to regularly consult official texts and contact the Labor Inspection for any specific questions, as regulations may evolve.