Employment law
The employment dispute process in Mali
One Monday morning, a bailiff hands the reception desk of a Bamako security company a summons to appear before the labour court. Lassina, a security guard dismissed three months earlier, is claiming his notice pay, his severance pay, overtime and damages. The manager remembers that Lassina first went to the HR department, where he was promised someone would “look into it” and nothing was put in writing, and that the labour inspectorate’s summons then ended up in a drawer. In employment disputes, every stage has its own door: the first one opens in your own HR department, and that is where a dispute costs the least.
1. What exactly are we talking about?
Waraba Gardiennage employs 85 security guards in Bamako. Its manager, Boubacar Maïga, and its HR manager, Awa Coulibaly, are facing a claim from Lassina Dembélé, dismissed after four years of service. We will follow this dispute stage by stage.
This company and the people mentioned are fictitious: their names are used only as examples.
Litigation is the set of disputes brought before an authority responsible for settling them. This article covers the individual dispute, that is, a conflict between one or more workers and their employer, arising from the performance of the employment contract, over the recognition of an individual right (Labour Code, article L.192).
Five stages, five actors
| Stage | Who is involved | What is at stake |
|---|---|---|
| Internal handling | The HR department, facing the employee, alone or represented by a staff delegate | An amicable solution, in writing and signed by both parties (L.278 and L.279) |
| Conciliation | The labour inspector | An amicable settlement, or a non-conciliation report (L.190 and L.191) |
| Judgment | The labour court | A new attempt at conciliation, then a judgment (L.192 to L.212) |
| Appeal | The social chamber of the court of appeal | A second review, if the claim exceeds twelve times the SMIG (L.213 and L.216) |
| Cassation | The Supreme Court | A challenge to final judgments and appeal court rulings (L.217) |
Why this process? It protects both parties: it gives settlement three chances before any judgment, within the company, before the inspector and then before the court, and gives a chance to correct a mistake after the judgment.
Some disputes follow a different route. Collective disputes have their own conciliation and arbitration procedure (Labour Code, articles L.218 et seq.). Disputes over a negotiated termination (rupture conventionnelle) are settled by arbitration of the labour inspectorate (Labour Code, article L.50 bis). Challenges to staff delegate elections are decided urgently and without appeal by the president of the labour court (Labour Code, article L.269). For the first two cases, see our articles Social dialogue and conflict management: the institutions, procedures and deadlines that apply and Negotiated termination: parting by mutual agreement.
HR, inspectorate, court, appeal, cassation: the higher the dispute climbs, the less control you have over the outcome.
The most common mistake
Believing that the labour inspector judges. In an individual dispute, the inspector seeks an amicable settlement; it is the labour court that decides.
2. First stage: HR seeks an amicable solution, in writing
A week after his dismissal, Lassina went to Awa Coulibaly’s office. He was claiming his night hours and challenging the reason for his dismissal. Awa listened, promised to “look into the file”, and nothing was put in writing.
What the Code provides, and what it leaves to the company
Any employee may present their claims to the employer themselves (Labour Code, article L.279). They may also go through a staff delegate, that is, an employee elected by colleagues to represent them: presenting individual claims to the employer is precisely the delegate’s role (Labour Code, article L.278). At Waraba Gardiennage, with 85 employees, there are three staff delegates and three alternates (Labour Code, article L.266).
The Code does not require going through HR before the inspectorate: the employee may refer the matter directly to the labour inspector (Labour Code, article L.190). This first stage is therefore only useful if the company organises it properly: a quick response, a check of the facts, a written proposal.
Why start internally? Because it is the only stage where the company controls the timetable, the documents and the tone of the discussion. A claim settled in the HR office costs no summons, no hearing and no enforcement.
The method: hear both parties, check, propose in writing
HR acts here as a mediator, that is, a third party who helps the parties reach an agreement themselves. It hears the employee on one side and the manager concerned on the other (site manager, management), then puts a solution to each.
- Receive the claim in writing, or record it in minutes that the employee reads and signs.
- Hear the manager concerned and check the facts against the documents: contract, payslips, payment register, rotas and time records.
- Propose one or more solutions in writing, point by point, with the amounts and how they are calculated.
- If there is agreement, draw up an agreement that both parties date and sign, in two copies; if the employee refuses, record the refusal in writing.
Why in writing? Because a verbal promise proves nothing: not what the company offered, not what the employee accepted, not what was paid. The Code follows the same logic when it organises an internal agreement: it requires a protocol signed by the parties, for example after negotiations with the delegates on economic difficulties (Labour Code, article L.47) or for a negotiated termination (Labour Code, article L.50 bis).
What the signed agreement must contain
| Item | What it protects |
|---|---|
| The names of the parties, the date and the place | Knowing who is committed, and from when |
| The subject of the claim, point by point | Separating what is settled from what remains in dispute |
| Each sum, with its nature and calculation | Checking that the legal minimums are met |
| The date and method of payment | Proving that the agreement was carried out |
| The signatures of both parties, and of the delegate if involved | Proving that each party agreed |
Example. The proposal Awa Coulibaly could have made to Lassina, who earned 90,000 XOF a month, had four years’ service and was not dismissed for gross misconduct.
Payment in lieu of notice, one month: 90,000 XOF Severance pay: 90,000 × 20% × 4 = 72,000 XOF Night hours acknowledged after checking the rotas: 150,000 XOF Total offered and paid: 90,000 + 72,000 + 150,000 = 312,000 XOF Point still in dispute: damages, which depend on the reason for the dismissal
Even if Lassina maintains his claim for damages, the dispute that reaches the inspectorate now covers only that point, and the company can prove it has already paid 312,000 XOF. Without anything in writing, it arrives before the inspector with no trace of what it offered.
What an internal agreement cannot do
- Make the employee waive their rights. A statement signed after the end of the contract, by which the employee waives all or part of the rights they hold under that contract, cannot be relied on against them (Labour Code, article L.111). In other words, the company cannot use it against the employee. Having the employee sign for less than the legal minimum does not buy peace.
- Count as a judgment. In an individual dispute, the Code gives the force of a judgment only to an agreement recorded by the labour inspector and bearing the enforcement formula (Labour Code, article L.191), or recorded by the court (Labour Code, article L.208). To obtain it, the parties can go to the inspector together, who will record their agreement in a conciliation report (Labour Code, article L.190).
- Replace a negotiated termination. If the amicable solution is to end the open-ended contract of an employee still in post, the negotiated termination procedure applies: a signed protocol, possible assistance from a staff delegate or another employee, a payment at least equal to the legal severance pay, and a copy sent to the labour inspectorate (Labour Code, article L.50 bis).
The most common mistake
Settling things verbally. A “we’ll see”, a promise over the phone, a cash payment without a receipt: none of this can be proved before the inspector. That is what happened at Waraba Gardiennage: with no record, the company cannot even show that it tried to settle the dispute.
Verbally, you promise. In writing and signed, you settle.
What you need to do
- Receive every claim in writing and date its receipt.
- Propose the amicable solution in writing, point by point, with the calculation of each sum.
- Have both parties date and sign the agreement, in two copies, then pay against a receipt.
3. Second stage: conciliation before the labour inspector
With no written answer from HR, Lassina went to the labour inspectorate. A summons arrived at Waraba Gardiennage. Boubacar Maïga put it in a drawer.
Who can refer a case to the inspector, and what it changes
Any worker or employer may ask the labour inspector, the inspector’s delegate or deputy to settle the dispute amicably (Labour Code, article L.190). The labour inspector is the state official responsible for enforcing employment law; in the inspector’s absence, the head of the administrative district is the legal deputy (Labour Code, article L.299). The inspector’s role is detailed in our article Labour inspector in Mali: inspector, conciliator and approving authority.
This request suspends the limitation period, that is, the time limit beyond which a claim can no longer be brought, from its receipt by the inspector until the report that closes the conciliation attempt (Labour Code, article L.190).
The parties must attend on the day and at the time set in the summons. A party that fails to attend incurs a civil fine of 5,000 XOF (Labour Code, article L.190; Order No. 1566/MEFPT-SG of 7 October 1996, article A.190).
Two possible outcomes
- Settlement. It is recorded in a conciliation report. At the request of the more diligent party, the president of the labour court affixes the enforcement formula by order (Labour Code, article L.191). The enforcement formula is the endorsement that gives the report the same force as a judgment: its performance can be enforced.
- Total or partial failure. It is recorded in a non-conciliation report. At the request of either party, the inspector must send it to the labour court within fifteen days (Labour Code, article L.191).
Why this stage? Because it is quick, free and preserves the relationship. It is also the last chance to negotiate the amount outside the court.
What an ignored summons costs
Beyond the 5,000 XOF fine, Waraba Gardiennage lost the chance to discuss Lassina’s figures. The dispute reaches the court without the company having put forward its side.
A settlement signed before the inspector is a judgment you negotiated.
What you need to do
- Respond to every summons from the labour inspectorate, in person or through a representative.
- Bring the contract, the payslips, the termination letter and, if there is one, the agreement signed with HR.
- Have the precise breakdown of the agreed sums written into the report.
4. Third stage: the labour court, who judges and how to bring a case
Conciliation has failed. Lassina goes to the labour court registry to file his claim.
A simple, free filing
The claim is filed by an oral or written declaration to the clerk of the labour court. It is entered in a special register, and an extract is given to the filing party (Labour Code, article L.191). Proceedings are free of charge, and the worker receives legal aid to enforce a judgment in their favour (Labour Code, article L.202).
In dismissal cases, the Code states that the worker’s claim before the labour court suspends the employer’s decision (Labour Code, article L.40).
Example. Lassina’s claim; he earned 90,000 XOF a month and had four years’ service.
Payment in lieu of notice, one month for a monthly-paid employee: 90,000 XOF Severance pay: 90,000 × 20% × 4 = 72,000 XOF Overtime claimed: 150,000 XOF Damages claimed: 600,000 XOF Total claim: 90,000 + 72,000 + 150,000 + 600,000 = 912,000 XOF
One month’s notice and the rate of 20% per year for the first five years are the legal minimums (Labour Code, articles L.41 and L.53). For the detailed calculations, see Notice in Mali: length, form and rights during the notice period, Severance pay and Overtime: the base, the threshold, the rate.
Who judges
The labour court consists of a presiding judge, an employer assessor, a worker assessor and a clerk (Labour Code, article L.196). The assessors are lay judges nominated by the most representative trade organisations (Labour Code, article L.199). The court is divided into professional sections: commerce, industry, transport, banking and insurance, liberal professions, public services and domestic services (Order No. 1566/MEFPT-SG, article A.196).
An assessor may be recused, that is, removed, in particular if they have a personal interest in the dispute, are related to one of the parties, or are the employer or employee of one of them. Recusal must be requested before any argument is heard (Labour Code, article L.207).
Each court also has a summary proceedings bench, made up of the president and a clerk, to which a case is brought by simple application (Labour Code, article L.197). Summary proceedings (référé) are handled by the president alone, without assessors.
Where, and how you are summoned
The competent court is the one where the contract was performed. For a dispute arising from termination, a worker who lived elsewhere when the contract was signed may choose the court of that place of residence (Labour Code, article L.193).
Within two days of receiving the claim, excluding Sundays and public holidays, the president summons the parties to appear within twelve days at most. The summons is served by a bailiff or by registered letter with acknowledgement of receipt (Labour Code, article L.203). An additional distance period applies when the party lives more than forty kilometres from the court (Decree No. 96-178/P-RM of 13 June 1996, articles D.203-2 and D.203-3).
The employer may be represented by a manager or an employee of the company, by a lawyer or by an employer from the same sector. Except for a lawyer, the authority must be in writing (Labour Code, article L.204).
What you need to do
- Note the hearing date as soon as you receive the summons.
- Appoint your representative and give them a written authority.
- Break down the claim line by line to prepare your response.
5. The hearing: one last chance to settle, then the judgment
On the day of the hearing, Boubacar Maïga expects to argue his case. The president begins by asking him whether he is ready to reach an agreement with Lassina.
Conciliation, again
When the parties appear, the court first tries to reconcile them. If they agree, a report is drawn up on the spot; its extract, signed by the president and the clerk, is an enforceable title, that is, it can be enforced like a judgment (Labour Code, article L.208). The agreement may be partial: it then covers the points settled, and the rest is judged.
If conciliation fails, the court keeps the case and examines it immediately. No adjournment is possible without the parties’ agreement, but the court may order an inquiry, a site visit or any other investigative measure (Labour Code, article L.208).
Argument and judgment
The hearing is public, except during conciliation. The president questions the parties and confronts them, hears witnesses and may order findings or expert reports (Labour Code, article L.206).
The court deliberates immediately, in private. If it reserves judgment, it does so at the latest until the next hearing of the same section. The judgment must state its reasons (Labour Code, article L.209), and a copy is sent to the labour directorate and the labour inspectorate (Labour Code, article L.210).
What non-attendance costs
If the claimant fails to attend without force majeure, the case is struck out; it can be reinstated only once. If the defendant fails to attend and has not filed a written statement, the court rules by default, that is, on the claim alone, without hearing the defendant’s side (Labour Code, article L.205).
At the labour court, you do not adjourn to get ready: you come ready.
What you need to do
- Arrive at the hearing with a clear position on a possible settlement.
- Bring the documents and, if needed, the witnesses to the very first hearing.
- File a written statement if your representative may be unable to attend.
6. Deadlines that show no mercy
In employment disputes, deadlines are short. A missed deadline closes a door that does not reopen.
| Stage | Time limit | Text |
|---|---|---|
| Sending the non-conciliation report to the court | 15 days, at a party’s request | L.191 |
| Summons of the parties by the president | 2 days after the claim, excluding Sundays and public holidays | L.203 |
| Appearance | 12 days at most, plus the distance period | L.203, D.203-2 |
| Opposition to a default judgment | 10 days after service | L.212 |
| Appeal | 15 days after the judgment is delivered | L.216 |
The three-year limitation period
Claims for wages, wage supplements, bonuses, allowances and any other sum owed in respect of work are time-barred after three years (Labour Code, article L.118). The period runs from the date the sum falls due, and its last day falls on the same date of the month as the starting day (Labour Code, article L.119).
The limitation period runs even if the employee continues to work. It is interrupted only by a certificate from the labour inspector stating the date on which the dispute was referred, or by a court summons (Labour Code, article L.120).
Example. A bonus arrears payment due to Lassina on 8 November 2023.
Starting point: 8 November 2023 Limitation period: 3 years Last day to act: 8 November 2026
If Lassina refers the matter to the labour inspector before that date, the clock stops; if he waits until 9 November 2026, that sum is time-barred.
A good case filed too late is worth an empty file.
What you need to do
- Enter every deadline in a diary as soon as you receive a document.
- Keep the labour inspectorate’s certificates, which fix the dates.
- Check the due date of each sum claimed to identify those that are time-barred.
7. The judgment is delivered: what must be paid, and when?
The court orders Waraba Gardiennage to pay all the sums Lassina claimed. Boubacar Maïga wants to appeal and thinks he owes nothing until then.
Immediate enforcement of part of the sums
The judgment may order immediate enforcement, notwithstanding appeal and without security, of up to 50% of the sums owed as wages and supplements, allowances, rights and benefits. Damages are excluded from this immediate enforcement (Labour Code, article L.211).
Why this rule? Because wages are vital to the worker: the law prevents an appeal from depriving them, for months, of sums a first judge has already awarded.
Example. The judgment orders immediate enforcement at the maximum rate.
Wage-related sums: 90,000 + 72,000 + 150,000 = 312,000 XOF Immediate enforcement: 312,000 × 50% = 156,000 XOF Damages of 600,000 XOF: excluded from immediate enforcement
Even if it appeals, Waraba Gardiennage may therefore have to pay 156,000 XOF straight away.
Default judgments
If the employer did not appear, the default judgment is served on it. It then has ten days, plus the distance period, to file an opposition, that is, to ask for the case to be heard again. After that, the judgment is enforceable (Labour Code, article L.212).
Appealing does not suspend everything: half of the wage-related sums may be due at once.
What you need to do
- Read the operative part of the judgment to see whether immediate enforcement is ordered.
- Plan the necessary cash before deciding to appeal.
- File an opposition within ten days if a judgment was given by default.
8. Remedies: appeal and cassation
Boubacar Maïga wants to challenge the judgment. Everything depends first on the amount of Lassina’s claim.
The threshold of twelve times the SMIG
A judgment given at final instance cannot be appealed. This is the case when the claim does not exceed twelve times the guaranteed interprofessional minimum wage (SMIG), except on the question of jurisdiction; above that, an appeal lies to the social chamber of the court of appeal (Labour Code, article L.213). The SMIG has been set at 40,000 XOF a month since 1 January 2016 (Decree No. 2015-0363/P-RM of 19 May 2015).
Example. Calculating the threshold and applying it.
Appeal threshold: 12 × 40,000 = 480,000 XOF Lassina’s claim: 912,000 XOF, above the threshold: appeal possible Another guard’s claim for 300,000 XOF of overtime: below the threshold, judgment at final instance
The rules of appeal
An appeal must be lodged within fifteen days of the judgment being delivered, or of its service if given by default, by declaration at the registry. The file is sent to the court of appeal within eight days. The appeal is decided on the documents, but the parties may ask to be heard (Labour Code, article L.216).
Cassation
The Supreme Court hears appeals in cassation against judgments given at final instance and against rulings of the court of appeal. The appeal follows the Supreme Court’s own rules (Labour Code, article L.217). An appeal in cassation is the ultimate remedy, which checks that the decision challenged applied the law correctly.
The most common mistake
Inflating a counterclaim to open the way to appeal. A counterclaim is a claim the defendant brings in turn against the claimant. If only a counterclaim for damages, based on the main claim, exceeds the threshold, the court still rules at final instance. And an unfounded counterclaim, brought solely to open an appeal, may earn its author an order to pay damages (Labour Code, article L.215).
What you need to do
- Compare the amount claimed with the 480,000 XOF threshold before considering an appeal.
- File the appeal at the registry within fifteen days of the judgment.
- Reserve cassation for errors of law, not disagreements about the facts.
9. Preparing your defence before the first dispute
Faced with Lassina’s overtime claim, Boubacar Maïga looks for the night guards’ time records. He has none that are signed.
Evidence starts in your registers
If a dismissal is challenged, the employer must prove a legitimate reason (Labour Code, article L.51). For the sums claimed, your mandatory documents speak for you: the payslip (Labour Code, articles L.104 and L.105), the payment register, which also records absences (Labour Code, article L.107), and the employer’s register (Labour Code, article L.130). These registers must be kept for five years after the last entry (Labour Code, articles L.108 and L.130). See also Payroll in Mali: pay on time, in the right place, and keep the proof.
The final settlement receipt does not protect you
A final settlement receipt (solde de tout compte) is the document by which an employee acknowledges receiving the sums owed on leaving. In Mali, the words “in full and final settlement”, by which the employee would waive all or part of their rights, cannot be relied on against them (Labour Code, article L.111). Likewise, accepting a payslip without protest does not amount to a waiver (Labour Code, article L.110). Our article Receipt in full and final settlement in Mali: a useful record, not a waiver covers this in detail.
Pay what is not disputed
At the end of the contract, wages and allowances must be paid as soon as the work ends. In the event of a dispute, the employer may obtain from the president of the labour court the deposit with the court registry of all or part of the attachable portion of the sums owed (Labour Code, article L.103).
To prevent disputes upstream, see our articles Employee disputes: a case is won before it exists and Disciplining without slipping up: disciplinary procedure in Mali.
A case is won on the day you keep your registers, not on the day of the hearing.
What you need to do
- Have time records signed every month, including night shifts.
- Keep payslips, registers and termination letters for at least five years.
- Pay undisputed sums without delay when the employee leaves.
A closer look: what comes from French law and does not exist in Mali
Much of the advice circulating on employment disputes describes the French procedure. Four confusions come up often.
| What you often read | What Malian law says |
|---|---|
| “The dispute goes to the prud’hommes.” | It goes to the labour court, presided over by a judge sitting with an employer assessor and a worker assessor (L.196). |
| “You have one month to appeal.” | The time limit is fifteen days from the delivery of the judgment (L.216). |
| “Damages are capped by a scale.” | The Code provides no scale: the judge sets them case by case (L.51). |
| “The final settlement becomes binding after six months.” | The words “in full and final settlement” can never be relied on against the worker (L.111). |
These confusions are costly: an employer counting on a month to appeal, or on a signed receipt for protection, discovers too late that Malian law grants neither.
Key takeaways in 6 points
- Handle every claim in HR and record the amicable solution in a written agreement, dated and signed by both parties.
- Respond to every summons from the labour inspector: it is the last chance to negotiate outside the court.
- Appoint a representative with a written authority and come ready: the court does not adjourn without the parties’ agreement.
- Note every deadline as soon as you receive a document, ten days for opposition and fifteen for appeal, and compare the claim with the 480,000 XOF threshold before considering an appeal.
- Plan your cash: the judgment may make half of the wage-related sums payable at once, even if you appeal.
- Keep payslips and registers up to date and retain them for five years: they are your evidence.