Employment law
The foreign worker's contract
One question separates this contract from the expatriate contract: who brought the worker to Mali?
Two contracts concern foreign workers, and they are often confused because they share the same formalities. Yet they are distinguished by a simple criterion with weighty consequences.
The foreign worker's contract is concluded between an employer and a foreign worker whose presence in Mali is not the employer's doing: the person was already settled there, for their own reasons, and is recruited locally. The expatriate contract covers a foreigner whose presence results from the employer's initiative. See Expatriate contract.
1. The distinguishing criterion
| Foreign worker's contract | Expatriate contract | |
|---|---|---|
| Origin of the presence in Mali | The worker's own doing | The employer's doing |
| Typical situation | A foreigner already resident in Mali, recruited locally | A foreigner recruited abroad and relocated to perform the contract |
| Departure from the country | Unconnected with the end of the contract | They will leave the country when the contract expires |
| Status-related benefits | Those of the contract, with no special expatriation regime | Expatriation allowance, housing, transport, enhanced leave |
One point deserves emphasis, because it is often misunderstood: a foreign worker recruited locally is not automatically an expatriate. Applying the expatriation regime for administrative convenience creates rights that were not due; withholding it from someone who qualifies creates a debt. The test is the origin of the presence, not nationality.
2. Formalities: approval and work authorisation
Like any foreign worker's contract, this one is subject to administrative formalities that condition its lawful performance:
- it is recorded in writing;
- it is approved by the National Directorate of Labour;
- it gives rise to a work authorisation, issued with the involvement of the ANPE;
- it is accompanied by the worker's work permit.
These formalities are not a mere declaration: approval conditions the lawfulness of the employment. They are dealt with before the employee starts, not after. Labour Code, Article L.26 (French); Law No. 2017-021, Article L.26 as amended (French).
3. Duration: the two rules specific to this contract
The foreign worker's contract departs from ordinary fixed-term law on two points, and they are the most important to retain.
| Rule | Content |
|---|---|
| Renewal | The contract is not subject to the limit on the number of renewals applicable to ordinary fixed-term contracts |
| Indefinite duration | It may be concluded for an indefinite duration only for nationals of countries granting reciprocity to Malian citizens |
The first rule brings flexibility: successive renewals do not trigger the automatic reclassification that applies to ordinary fixed-term contracts. The second is a limit: without a reciprocity arrangement, an open-ended contract is not available, whatever seniority has been built up.
Hence a check to run at recruitment: is there a reciprocity arrangement with the worker's country of origin? The answer determines the type of contract that can be offered, today and in five years.
4. The first two years of residence
One further rule completes the picture: during the first two years of permanent residence in Mali, a foreign worker may in principle be engaged only on a fixed-term contract, subject to applicable reciprocity arrangements.
This rule and the previous one combine: reciprocity is the key that opens both the possibility of an open-ended contract and any adjustment of this initial period.
5. The foreign worker's rights
Subject to these particularities of form and duration, a foreign worker falls under the ordinary law: working time, weekly rest, paid leave, hygiene and safety, medical monitoring, protection against irregular termination.
The Code also prohibits distinctions based on criteria unrelated to qualification and to the work performed. A worker's administrative status does not justify less favourable treatment for equal work.
6. Pre-hiring checklist
- Does the worker's presence in Mali result from their own doing, or the company's?
- Is there a reciprocity arrangement with their country of origin?
- How long have they been permanently resident in Mali?
- Has the written contract been drawn up and sent for approval to the National Directorate of Labour?
- Have the work authorisation and work permit been obtained before the start date?
- Are the renewal dates for the permits being tracked?
Key takeaways
| The rule | What it implies |
|---|---|
| The test is the origin of the presence in Mali | The worker's doing, not the employer's |
| A local recruit is not an expatriate | The expatriation regime does not apply automatically |
| Writing, approval and work authorisation | To be obtained before the start date |
| No limit on the number of renewals | A flexibility specific to this contract |
| An open-ended contract requires reciprocity | To be checked at recruitment |
| Ordinary law for the rest | Working time, leave, safety, protection against irregular termination |