Mali is a landlocked African country located in West Africa, with Bamako as its capital city. It is the eighth-largest country in Africa with a very politically volatile government. Mali suffered a coup that placed control of the country under military dictatorship for over 20 years until elections were held in 1992. Terrorist attacks continue to occur in the central as well as northern areas of the nation. It has many cultures due to ethnic diversity, reflected in traditional festivals, dances, and ceremonies. It is amongst the poorest nations in the world as a result of the constant violence and terrorist attacks. Its main language is French and the people are primarily Muslim, with a small portion of the population practicing other religions.
In Mali, an employment contract that is not made for a specified duration and does not meet the definition of a fixed-term contract, an apprenticeship contract, a qualification contract, or a trial commitment contract, must be considered a contract of indefinite duration. Contracts of indefinite duration do not have to be in writing.
In Mali, a fixed-term employment contract must be recorded in writing. In the absence of a written agreement, contracts are presumed to be concluded for an indefinite period. Temporary work contracts must be in writing. Provisions for the trial period must also be included in writing.
Fixed-term contracts must be drawn up in 3 copies if their duration is greater than 3 months. The copies shall be distributed as follows: 1 for the employer, 1 for the employee, and 1 for the Labor Inspector. Contracts for foreign employees must be written (in French) and include details on the employee's and employer's identification, address, nature of job, remuneration, paid leave, and other benefits.
In the case of indefinite-term contracts, employers must provide a written letter of employment that specifies the specific employment conditions, such as work schedule, weekly rest, remuneration, and, where applicable, benefits in kind.
Temporary workers perform tasks that are not sustainable and must have a precise term fixed in a contract. Temporary contracts may not exceed 24 months. The contract to hire temporary employees must be made in writing within 2 days of starting the work. It must mention the reason for hiring and the term of the contract.
Temporary employees are entitled to an end-of-service indemnity decided by the collective agreement. If not decided, the minimum termination indemnity is equal to 2.5% of the amount of total remuneration.
In Mali, under the Labor Code, a trial period must be expressly stated in writing. Contracts must include the employment and the professional category of the employee, and the length of the trial period.
The duration of a trial period is usually equal to the notice period required to terminate a contract, but is limited to a maximum of 6 months, including renewal. Any domestic employee can be subject to a fixed-duration trial period of 1 month, renewable once.
An employment contract can be terminated without notice period during the probationary period.
In Mali, normal working hours are 40 hours per week. Daily working hours are not clearly specified. However, on farms, working hours are set at 2,352 hours per year. In agricultural enterprises, the statutory working time may not exceed 48 hours per week.
In certain situations, working hours may be increased beyond the standard limits because of the intermittent nature of work. In such cases, the working hours cannot exceed 260 hours per month.
Mali's Labor Code provides annual leave to an employee after 12 months of service. The duration of the annual leave is determined at the rate of 2.5 days per month of service during the course of the reference period, which is 30 calendar days per year, including non-working days. The duration of annual leave increases with the length of service in the enterprise. The remuneration to be paid during the annual leave is equivalent to 1/12th of the total remuneration received over the 12-month period.
Young workers and apprentices under 18 years are entitled to a minimum leave of 24 days, and workers between 18 and 21 years are entitled to a minimum of 21 days, even if the length of their service is less than 12 months.
Annual leave can be deferred by not more than 2 years, provided that the employee enjoys at least 8 days of leave in the first year.
In Mali, an employee is entitled to sick leave upon presentation of a medical certificate approved by the employer, in which a doctor stresses the need for leave. Sick leave pay may vary as follows:
100% of the employee's earnings are paid during the first year of employment for 8 days to 3 months, depending on the collective agreement or the type of employment
50% of the employee's earnings for up to an additional month are paid from the second year of employment and beyond
In Mali, female employees are entitled to 14 weeks of maternity leave upon presenting a properly documented request after 9 months of continuous service with an employer. Leave includes 6 weeks of prenatal and 8 weeks of postnatal time off. Of the 14 weeks, 7 weeks (3 weeks prenatal and 4 weeks postnatal) are compulsory. If birth happens before the expected date, the leave is extended until the 14 weeks have been used. Maternity leave can be extended by up to 3 weeks in case of medical complications if certified by a medical certificate.
Employees are entitled to full salary plus benefits in kind during maternity leave. During extended maternity leave, the national social security system, INPS, continues salary payments. The employer pays no salary or allowances in these circumstances. It is prohibited to employ pregnant employees in jobs harmful to their health or in night work.
In Mali, employees are entitled to 3 days of fully paid paternity leave upon a child's birth. This leave can be taken consecutively or separately, but it must be taken within 15 days of the child's birth. The benefit is not provided for a stillborn child. Employees must inform their employers 24 hours prior to the leave (at the latest) that they intend to avail themselves of paternity leave.
In the absence of collective agreements or decrees, the duration of the notice period is as follows:
8 days for staff paid by the day or week
1 month for employees paid monthly
2 months for supervisors and assimilated employees
3 months for executives and managers
The notice period cannot be less than 15 days for employees who have worked for less than 6 months and 1 month for employees who have worked for more than 6 months.
The contract may be terminated without notice in the event of gross negligence and is subject to a competent court's discretion. The notice period can be waived by paying compensation equal to the remuneration and benefits of any kind that the employee would have received during the notice period. The notice must be provided in writing.
In Mali, in the event of dismissal or breach of contract in case of force majeure, an employee who has completed a continuous service period of 1 year in the undertaking is entitled to an indemnity separate from the notice period. This severance allowance is paid as a percentage of the monthly average of the remuneration received during the last 12 months as follows:
20% for each of the first 5 years of work
25% for each year from 6th to 10th year inclusive
30% for each year beyond the 10th year
Collective agreements can arrange for higher rates of severance benefits. Severance benefits are not payable if the dismissal is based on gross negligence on the part of the employee. The payment is due at the moment of termination, along with the work certificate.
Employers are not entitled to deduct anything from an employee’s wages other than those permitted by law: deductions to fulfill mandatory tax and social obligations, reimbursements for mandatory employer-provided housing and food rations up to the amount approved by decree, repayments of advance payments of salary, and authorized deductions for union contributions.
The final payment of severance indemnities, wages, and any other entitlements is due at the moment of termination. Employers are not permitted to make unauthorized deductions from the final payment.
