Employment law
The open-ended employment contract (CDI) in Mali
An open-ended contract organises an employment relationship with no end date set in advance. It is not one contract among others: it is the reference contract of Malian law. The Labour Code provides that any contract not falling within a specific category (fixed term, apprenticeship, qualification, probation) is an open-ended contract.
In other words, an open-ended contract does not need to be justified: it is the absence of one that does. Labour Code, Article L.19 (French).
1. Must a CDI be in writing?
In principle, no. An employment contract may be oral, and its existence may be proved by any means: payslips, transfers, schedules, written exchanges, witness statements.
Certain situations do require writing, notably contracts requiring the employee to relocate and contracts of foreign workers, which are submitted for approval to the National Directorate of Labour. Labour Code, Articles L.15 and L.26 (French).
That said, the absence of an obligation is not good practice. Without writing, every later disagreement turns on evidence, and it is most often the employer who must produce it.
2. What should a written contract contain?
The Code prescribes no standard list for open-ended contracts. In practice, a useful contract states:
| Particular | Why it prevents disputes |
|---|---|
| The position and duties | Allows a normal evolution to be distinguished later from a change of role |
| The occupational category | Determines notice, probation and often the pay scale |
| Pay and its components | Separates base salary from bonuses, which follow different regimes |
| The place of work | Relocating it may amount to a substantial modification |
| Hours and working time | The basis for calculating overtime |
| The applicable collective agreement | Points to the floor that supplements the contract |
| Specific clauses | Probation, non-competition, confidentiality |
3. The probationary period
It is never automatic. Probation must be expressly stipulated in writing, and the writing must state the job, the occupational category and the length of the probation.
Its length is in principle equal to the notice period applicable to the employee's category. It may be longer, but within a limit of six months, including any renewal.
A frequently misunderstood point: probation is not a pre-hire. Work begins on the first day, with salary, contributions and protection. Probation is a phase of the contract, not an antechamber to it. Law No. 2017-021, Article L.30 as amended (French).
4. The non-competition clause
The principle laid down by the Code is nullity: any clause prohibiting an employee from carrying on an activity after the contract ends is void.
Only one exception is allowed, and it is tightly bounded:
| Condition | Limit set by the Code |
|---|---|
| Triggering event | Termination by the employee's own act, or dismissal for gross misconduct |
| Duration | Six months maximum |
| Geographic scope | A radius of 15 kilometres around the place of employment |
| Subject | An activity of a kind that competes with the employer |
A clause exceeding any of these bounds falls back under the rule of nullity. A general ban on working, a two-year duration or a nationwide scope are not negotiable clauses: they are void. Labour Code, Article L.17 (French).
5. How is an open-ended contract ended?
Three routes, with distinct regimes:
| Route | Initiated by | What it requires |
|---|---|---|
| Resignation | The employee | Notification, and observance of the notice period |
| Dismissal | The employer | A legitimate ground, a procedure, and notification of the labour inspector |
| Termination by agreement | Both, jointly | A written protocol, no notice period, with compensation at least equal to statutory severance pay |
Where a dismissal is challenged, it is for the employer to prove that a legitimate ground existed. That rule governs everything in practice: the ground is documented before the decision. On the sums due, see CDI: termination rights. Labour Code, Articles L.40 and L.51 (French); Law No. 2017-021, Article L.50 bis (French).
6. What happens if the company changes hands?
The contract survives. Where there is a change in the employer's legal situation (succession, sale, merger, incorporation, transformation of the business), all employment contracts in force on the day of the change subsist between the new operator and the personnel.
The buyer therefore inherits the contracts, the seniority and the acquired rights. It cannot start from a blank page by having new contracts signed. Labour Code, Article L.57 (French).
Key takeaways
| The rule | What it implies |
|---|---|
| The open-ended contract is the default | It needs no justification; the fixed-term contract does |
| Writing is not always compulsory | But it is what proves what was agreed |
| Probation must be in writing | Six months maximum, including renewal |
| Non-competition is void in principle | Except for six months, within 15 km, and in two cases only |
| Termination follows three distinct regimes | Resignation, dismissal, termination by agreement |
| The contract survives a change of employer | The buyer takes the contracts as they stand |