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Ministerial Order Establishing Rules for the Implementation of Certain Provisions of the Labor Code (Dec. 27, 2024)

8 July 2026

MINISTRY OF LABOR, PUBLIC SERVICE, AND SOCIAL DIALOGUE

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**SECRETARY GENERAL **f

REPUBLIC OF MALI

One People—One Goal—One Faith

Warning!!! PDF file converted to Word.

DECREE No. 2024-4 3 6 3 /MTFPDS-SG OF DECEMBER 27*, LU:t4*

AMENDING DECREE NO. 96-1566/MEFPT-SG OF OCTOBER 7, 1996, ESTABLISHING THE RULES FOR THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LABOR CODE


THE MINISTER OF LABOR, CIVIL SERVICE, AND SOCIAL DIALOGUE,


**Pursuant to **the Constitution;

**Having regard **to the Transition Charter;

Having regard to Law No. 2022-001 of February 25, 2022, revising the Transition Charter;

Having regard to Law No. 92-020 of September 23, 1992, as amended, establishing the Labor Code;

Having regard to Law No. 99-041 of August 12, 1999, as amended, establishing the Social Security Code;

**Whereas **Decree No. 96-178/P-RM of October 7, 1996, establishing the implementing regulations for certain provisions of the Labor Code;

**Pursuant **to Decree No. 2024-0657/PT-RM of November 21, 20214, appointing the Prime Minister;

Having regard to Decree No. 2024-0658/PT-RM of November 21, 2024, establishing the appointment of members of the Government;

**Having regard to **the opinion of the Higher Labor Council dated October 17, 2024.

NOW THEREFORE DECREES:


**Article **1: Articles A.7-1, A.8, A.20, A.26.1, A.26.2, A.26.3, A.26.4, A.26.5, A.26.6, /,

A.26.7, A.26.8, A.26.9, A.26.10, A.26.11, A.26.12, A.26.13, A.26.14, A.26.15, A.26.16,

A.26.17, A.48.1, A.78.1, A.78.2/ A.78.3, A.130.1, A.130.2, A.130.3, A.286.1 of Order

No. 1566/MEFPT-SG of October 7, 1996, establishing the implementing rules for certain provisions of the Labor Code, are amended as follows:

**TITLE **II: **LABOR RELATIONS CHAPTER **I: APPRENTICESHIPS AND TRAINING

New Article A.7-1: Statutory social security contributions due on allowances paid to apprentices are calculated on a flat-rate basis based on the amount of the statutory basic allowance. The contribution rate is equal to 2% of the monthly allowance.

**New Article A.8: **The National Employment Agency (ANPE) is responsible for administering the examination to apprentices whose apprenticeship period has ended, in accordance with new Article L.8 of the Labor Code.

**CHAPTER **II: THE EMPLOYMENT CONTRACT

**Subsection **II: Fixed-Term Contracts


New Article A.20: The sectors of activity in which fixed-term contracts may be entered into for jobs for which it is customary not to use

permanent contracts due to the nature of the work performed and the temporary nature of such jobs, are as follows:

forestry operations; ship repair;

- moving services; the performing arts; cultural activities; the audiovisual sector; the media;

recreational and vacation centers; professional sports;

survey and polling activities; construction and public works; social and health care activities;

emergency aid or humanitarian activities; mineral exploration;

mining development activities.

**SECTION **II: APPROVAL, CONCLUSION, AND PERFORMANCE OF THE CONTRACT


**Subsection **III: Approval of the Employment Contract


New Article A.26-1: Unless otherwise provided by a treaty or agreement concluded by the Republic of Mali with another State, contracts for foreign workers shall be accompanied by a work permit issued by the National Director of Labor in accordance with the provisions of this decree.

However, foreign workers holding an assignment document are exempt from obtaining a work permit. The duration of the assignment must not exceed three (03) months.

**New Article A.26-2: **A work permit shall be issued to a foreign worker only

if;

  • the position to be filled cannot, under any circumstances, be filled by a national worker, whether through internal promotion or external recruitment;
  • the worker possesses the professional qualifications necessary for the position to be filled.

New Article A.26-3: The work permit application submitted to the National Labor Directorate must include:

  • a work permit application stamped with a 200 FCFA stamp by the employer seeking to hire a foreign worker;
  • the employment contract, drawn up in four (04) copies following the foreign worker’s pre-employment medical examination;
  • two (02) passport-size photographs of the worker;
  • the document proving the worker’s authorization to reside in Mali;

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A receipt of filing is issued to the applicant.

The contract, endorsed by the National Director of Labor, is returned to the employer along with the work permit.

New Article A.26-4: The National Labor Directorate may only accept a work permit application if it is accompanied by a reasoned report from the employing organization.

The reasoned report referred to above must indicate:

- the name or business name, address, and primary and secondary activities of the employing organization;

the requirements of the position to be filled, a description of the tasks to be performed, and the nature of the work to be carried out;

the reasons justifying the employment of a foreign worker, particularly those relating to professional qualifications.

New Article A.26-5: The application for renewal of a work permit must include, in addition to the employer’s stamped application, the following documents:

the worker’s renewed employment contract, drawn up in four (04) copies;

- the work permit for which renewal is requested.

The application for renewal of the work permit must be filed at least one (01) month before the expiration date of the permit.

A receipt is issued upon submission. This receipt allows the worker to continue working until the expiration date of the submitted work permit.

New Article A.26-6: The fees for issuing a work permit, subject to reciprocity, are set according to the following salary brackets:

  1. For fixed-term employment contracts:- less than 100,000 CFA francs: 30% rate;
    • from 100,001 to 500,000 CFA francs: 35% rate;
    • from 500,001 to **1,**000,000 CFA francs: 40% rate; ?
  • more than one million (1,000,000) CFA francs: 45% rate.
  1. For fixed-term contracts:
  • one (1) and a half months’ gross salary per affected worker.

Work permit issuance fees are due upon each contract renewal.

If a foreign national is employed without a work permit, the applicable rate is multiplied by five.

**Article A.26.**7: The fees for issuing the permit shall be paid to the National Labor Directorate against a receipt from the public treasury in accordance with the regulations in force.

New Article A.26-8: The work permit, duly affixed with the revenue stamp required by current legislation, must include the following information:

the name or business name and address of the organization with which **the worker **is authorized to be employed;

information regarding the worker’s civil status and nationality;

  • the job position to which **the worker **is assigned and the place of employment;
  • the period of validity of the work permit, which is linked to the duration of the foreign worker’s employment contract for which **it **is requested.

The validity of the work permit may not exceed two (2) years, including renewals, for workers who have not exceeded the first two (2) years of permanent residence in Malian territory, unless otherwise provided for in the new Article A.26-1.

New Article A.26-9: The work permit, which is a green, card-stock document, shall include the following information:

  • the worker’s first and last name; date and place of birth; gender;
  • country of birth;
  • nationality;
  • travel document number;
  • date of issuance of the permit; expiration date of the permit; employer identification;
  • place of contract performance;
  • occupation;

stamp and signature of the National Director of Labor.

In accordance with the provisions of this decree, the format of the work permit and the other information to be included therein shall be determined by decision of the National Director of Labor.

New Article A.26-0: The work permit shall be obtained from the National Labor Directorate by the employer or the employer’s duly authorized representative.

New Article A.26-11: The work permit authorizes the foreign worker to perform a specific salaried activity, valid for the period indicated on the permit, with a single employer.

New Article A.26-12: The employer shall be notified of the decision regarding the application for a work permit or its renewal within fifteen (15) days of the application’s submission. This period is extended to one (01) month if the National Labor Directorate determines that a further investigation is necessary. In such cases, it must notify the employer.

New Article A.26-13: Without prejudice to the penalties provided for, the work permit may be revoked if the foreign worker violates applicable law.

**New Article A.26-14: **Upon expiration of the work permit, a foreign worker may be granted a renewal if he or she is required to continue providing services to the same

  • employer.

New Article A.26-15: The work permit must be presented upon request by labor inspectors.

New Article A.26-16: Any employer that employs foreign workers is required to prepare and submit to the National Labor Directorate, by December 31 of each year, a list of its foreign employees for the previous year.

This list must include, in particular:

  • the last names, first names, and nationalities of these workers; their professional qualifications;

their dates of hire;

⁃ the positions held;

  • the monthly amounts of salaries, bonuses, and allowances paid;
  • the type of employment contracts;
  • the dates of issuance and expiration of work permits.

Article A.26-17: Revenues from the issuance of work permits are allocated as follows:

  • 40% to the National Labor Directorate;
  • 60% to the public treasury.

Section IV: TERMINATION OF THE CONTRACT

Subsection III: Dismissal for Economic Reasons

New Article A.48.1: Dismissals for economic reasons must be carried out in accordance with the following criteria:

1) Voluntary departures:

When an employer plans to carry out layoffs for economic reasons, it must first give priority to voluntary departures. If the number of employees who have expressed a willingness to leave the company through this process is equal to the number of employees the employer intends to lay off, the other two criteria may no longer be used.

The employer must always consult, fifteen (15) days prior to the layoffs, with the union committee or, failing that, with the employee representatives regarding the list of employees who have expressed their willingness to leave.

The list of voluntary leavers, along with the comments of the union committee or employee representatives, must be submitted to the Labor Inspector with jurisdiction over the area prior to any voluntary departure.

If the list of voluntary leavers includes employee representatives or members of the union committee or the health and safety committee, the specific procedures applicable to them must be followed.

Employees’ entitlements will be paid in accordance with paragraph 5 of the new Article L.48.

However, if the number of workers leaving voluntarily is less than the number the employer intends to lay off, the other two criteria shall apply to

·to be completed: professional competence and family responsibilities.

2° Professional aptitude:

Workers whose professional aptitude is lower than that required for the retained positions are placed on the list of workers the employer intends to lay off.

3) Family responsibilities, which refer to the number of dependent spouses and children as defined by the Social Security Code:

Given equal professional qualifications, employees with the longest tenure are retained by the company. An employee’s tenure is increased by one (01) year if they are married, and by one

(1) year for each dependent child as defined by the Social Security Code and the Personal and Family Code.

Article A. 48.2: The list of employees to be laid off, drawn up by the employer, shall be communicated to the employee representatives or the union committee. Within eight days of this notification, the employer shall convene a meeting with the employee representatives or the union committee to gather their suggestions, which shall be recorded in the minutes of the meeting, duly signed by both parties.

Regardless of the number of employees the employer intends to lay off, the employer must notify

the Regional Labor Inspector with jurisdiction over the area, providing him with the list of employees to be laid off.

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minutes of the meeting. L 11 r'c:D1J!ERi'·l.'.::: t.':. .; 1

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The Labor Inspector has fifteen (15) days to issue an opinion on the regularity of the consultation procedure and the order of the layoffs. If the Labor Inspector identifies any irregularities, the employer is required to respond to the administrative authority’s observations and to provide the employee representatives or the union committee with copies of the correspondence exchanged with the Labor Inspector.

The employer is required to notify the laid-off workers of the letter terminating their contracts. This letter must include details regarding the economic grounds and the criteria used for the layoffs, as well as the priority for rehiring that employees are entitled to for two

  1. years in their professional classification category.

CHAPTER IV: COLLECTIVE BARGAINING AGREEMENTS AND COLLECTIVE LABOR AGREEMENTS

**Section **II: Collective Bargaining Agreements Subject to Extension and the Extension Procedure

Article A. 78. 1 (new): The organizations and groups referred to in the new Article L78 of the Labor Code shall appoint their representatives and submit a list of them to the Minister of Labor for the purpose of establishing the joint negotiating committee.

The commission is established by a decision of the Minister of Labor and is chaired by the National Director of Labor. This decision sets forth the procedures for funding the commission’s operations.

New Article A.78.2: The joint committee referred to above may establish subcommittees within its ranks to examine specific issues.

New Article A.78.3: Representatives of organizations and groups who are members of the Joint Negotiating Committee must present their credentials at the opening of the committee’s sessions.

TITLE III: **GENERAL WORKING CONDITIONS CHAPTER **I: WAGES

**Section **III: Proof of Payment

**CHAPTER **III. THE EMPLOYER’S REGISTER

**New Article A. 130.1: **The employer must keep constantly updated, at the place of business, under the same conditions as those established for the payroll register, a register known as the “employer’s register,” the template for which must include the following information:

  • The first volume contains information regarding the personal details and contracts of all workers employed by the company. It must include the following information:- the serial number;
    • date of hire:
    • first and last name;
    • date of birth;
    • identity card number or NINA biometric card number, place and country

of issuance; ---"..'.'."':.::-:-:---;:., :,..,ê.R. -·'•1

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0 nationality; ·i.;;. . ,--..-, '.-:::M:i:::· rr

  • INPS membership number; given u ·-• '- ', • • *· :--, *,.
  • the date of discharge from the facility. [. Q2;1.§. ',.)"
  • The second section includes information regarding work performed, compensation, and leave. It must contain the following details
  • the serial number;
  • first and last name;
  • marital status;
  • position held;
  • occupational category;
  • base salary;
  • additional compensation;
  • dates of paid leave;
  • work permit number for foreign workers.

The third section is reserved for notices, formal warnings, and observations issued by the labor inspector or his or her delegate, pursuant to the new Article L.130 of the Labor Code. It must contain the following information:

  • the date of the observation or formal notice;
  • the subject of the observation or formal notice;
  • the deadline set;
  • the Labor Inspector’s signature;
  • remarks regarding the action taken.

New Article A. 130.2: Before it is used, the register must be numbered and initialed by the Labor Inspector with jurisdiction over the area. It must be completed without overwriting and without any omissions or errors.

New Article A. 130.3: When a company has multiple establishments, a separate register must be maintained for each one.

However, establishments with fewer than ten (10) workers that are located within a radius of twenty (20) kilometers may maintain a single register, provided that, for each worker in the second volume under the heading “position held,” the establishment in which the worker is employed is indicated.

**TITLE VII. PUBLIC AGENCIES AND ENFORCEMENT BODIES CHAPTER **I. THE HIGHER LABOR COUNCIL

Article A. 286.1 (new): The Technical Secretariat is responsible for preparing the sessions of the Higher Labor Council.

It is composed, under the chairmanship of the Minister of Labor or his representative, of:

  • the Technical Advisor for Labor;
  • the National Director of Labor;
  • the National Director of Employment;
  • the National Director of Vocational Training;
  • the National Director of Social Protection and the Solidarity Economy.

The Technical Secretariat meets upon convocation by its chairperson. The notice of meeting, accompanied by preparatory documentation, shall specify the agenda, date, location, and time of the meetings.

Article 2: Violations of this decree are punishable by fixed-amount administrative fines collected directly by Labor Inspectors, the rates of which are set as follows:

  1. Violations of the provisions of Articles L.7 and L.8 of the Labor Code: 7,500 CFA francs;
  2. Violations of the provisions of Articles L.20, L.26, L.48, L.78, and L.130: 18,000 CFA francs

With regard to violations of Article L.130, the fine shall be applied for each instance of omitted or erroneous instructions.

Article 3: The National Director of Labor, the Regional Directors, and the Heads of Subregional Labor Services are responsible, each within their respective jurisdictions, for the enforcement of this decree, which shall be registered and communicated wherever necessary.

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Bamako*,* on the *1st of f *t..L .,

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Fassoun COlÏLIBALY

Officer of the National Gendarmerie

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