A healthy disciplinary environment: seven conditions to put in place in your company in Mali – APPM

Six in the morning, shift change at a plastic packaging plant in the Bamako industrial zone. Salif, twenty minutes late, has just received a warning; the day before, another operator, close to the team leader, arrived an hour after the shift change and nobody said a word. On the shop floor, it is all anyone talks about. The plant’s problem is not Salif’s lateness: it is the lack of a framework that everyone knows, understands and sees applied to all.

1. What is a healthy disciplinary environment?

Niéléni Emballages makes plastic bags and bottles. It employs 60 people, split into two shifts, under managing director Ibrahim Sangaré, with Aminata Keïta as HR manager. We will follow the company throughout this article.

This company and the people mentioned are fictitious: their names are used only as examples.

The disciplinary environment is everything surrounding discipline in the company: the written rules, the way they are explained, applied and monitored, and the means of challenging them. It is healthy when employees know the rules, consider them fair and see that they apply to everyone.

Employees work “under the direction and authority” of the employer (Labour Code, article L.13), and the Code allows the employer to set disciplinary rules in the internal rules (Labour Code, article L.64). A disciplinary sanction is the measure the employer takes in response to misconduct, that is, an employee’s failure to meet their obligations. The origin and limits of this power are detailed in our article Disciplinary power: where it comes from, how far it goes.

Why does it matter? Because a power to sanction exercised without a framework breeds mistrust, conflict and lawsuits. A clear framework, on the other hand, makes misconduct rarer and sanctions better accepted.

The telltale signs

Healthy environment	Unhealthy environment
Internal rules approved, posted and explained	Unwritten rules that change with each supervisor
Same misconduct, same response	Sanctions depending on who you are
Written, reasoned sanctions provided for in the rules	Fines and deductions “to set an example”
Complaints heard by staff delegates	Disputes discovered at the labour inspectorate

To move from the right-hand column to the left, seven conditions must be met. Each has its own section below.

Written rules, approved and known to all.
Sanctions that are planned, proportionate and lawful.
The same rule for everyone.
A fair, traceable procedure.
Social dialogue that works.
Safety taken seriously.
An employer who meets its own obligations.

Good discipline is measured less by the sanctions imposed than by those that never need to be.

The most common mistake

Believing that discipline comes down to sanctions. A company that sanctions a lot is not necessarily disciplined: it often shows that its rules are poorly known or poorly applied.

2. First condition: written rules, approved and known to all

At Niéléni Emballages, the rules are unwritten. The night-shift leader tolerates phones at the machines; the day-shift leader bans them. Nobody really knows which rule applies.

A mandatory document from ten employees

Internal rules (règlement intérieur) are the written document in which the employer sets the rules of conduct at work. They are mandatory in every industrial, commercial and agricultural company with at least ten employees (Labour Code, article L.62). Their content is limited to four areas: the technical organisation of work, discipline, health and safety, and wage payment arrangements (Labour Code, article L.64).

They only become applicable at the end of a set process. The staff delegates, that is, the employees elected to represent the workforce, give their opinion. The labour inspector, the state official who enforces employment law, then approves the text (the visa).

Give the draft to the staff delegates, who have fifteen days to comment in writing; their silence counts as agreement (Labour Code, article L.65).
Send the file to the labour inspector, who has one month to approve the text or request changes (Labour Code, article L.66).
After approval, post the internal rules where hiring takes place and in the workplace (Labour Code, article L.67).
Wait twenty days: the internal rules take effect twenty days after approval (Labour Code, article L.68).

Known, not just posted

The law goes further than posting. After approval, the internal rules are given to the delegates, who make their content known to the workers, and they must remain legible at all times (Labour Code, article L.67). In a plant where some operators read little French, a text pinned to the wall is not enough: explaining it orally at hiring, in the teams’ own language, makes all the difference.

Why? Because no one can be blamed for breaking a rule they never had the means to know.

No one can respect a rule they do not know.

What missing internal rules cost

Failing to adopt internal rules when required, or failing to consult the delegates, is punishable by a fine of 50,000 to 200,000 XOF, raised to 100,000 to 400,000 XOF for a repeat offence (Labour Code, article L.318). And unapproved internal rules are not in force: they cannot justify a sanction (Labour Code, article L.68).

For drafting clause by clause, see our article Drafting the internal rules and our guide Internal rules.

What you need to do

Check that your internal rules bear the labour inspectorate’s approval and stamp.
Give and explain the internal rules to every new hire, in a language they understand.
Eliminate unwritten rules that vary from one shift to another by writing them into the internal rules.

3. Second condition: sanctions that are planned, proportionate and lawful

To “keep the night shift in line”, the team leader proposes docking 2,000 XOF from pay for each late arrival. The idea seems simple. It is unlawful.

A scale written in advance

The Labour Code does not list the possible sanctions. The discipline section of the internal rules, and the collective agreement where applicable, sets the scale that applies. A collective agreement is an agreement between workers’ unions and employers that sets working conditions for an entire sector (Labour Code, article L.70). A common scale has four levels.

Sanction	What it does	Limit set by law
Written warning	A formal reminder, placed on file	None in the Code
Reprimand	A formal, more severe reproach	None in the Code
Suspension	The contract is suspended and no wages are paid	Eight days at most (L.34 and L.38)
Dismissal	Termination of the contract	Dismissal procedure (L.40 and L.41)

A disciplinary suspension (mise à pied) suspends the contract as a sanction: the employee does not work and is not paid. It cannot exceed eight days (Labour Code, article L.34) and is unpaid (Labour Code, article L.38). See our article Disciplinary suspension: eight days at most, and a procedure to follow.

Why a scale? So that the response stays proportionate to the misconduct, that is, heavier the more serious the misconduct. A first late arrival does not call for the same response as a fight on the production line.

The absolute prohibitions

Employers are prohibited from imposing fines (Labour Code, article L.69), and no deduction may be made from wages other than those listed by law (Labour Code, article L.121). Forced labour is also prohibited as a disciplinary measure (Labour Code, article L.6).

Not paying for time not worked remains allowed: no wages are due for absence (Labour Code, article L.101). The line between the two shows up in the calculation.

Example. Mariam, an operator, earns 130,000 XOF a month for 40 hours a week, the legal working time (Labour Code, article L.131). She arrives 20 minutes late.

Monthly hours: 40 hours × 52 weeks ÷ 12 months = 173.33 hours
Hourly wage: 130,000 ÷ 173.33 = 750 XOF
20-minute late arrival: 750 × 20 ÷ 60 = 250 XOF
Permitted deduction: 250 XOF, the time actually not worked
Flat deduction of 2,000 XOF: a prohibited fine

What a fine costs

Imposing a fine exposes the employer to a criminal fine of 20,000 to 100,000 XOF, and for a repeat offence 40,000 to 200,000 XOF with possible imprisonment of fifteen days to three months (Labour Code, article L.318). It is incurred as many times as there are offences (Labour Code, article L.335): applied to fifteen operators, the “lateness penalty” exposes the company to a fine of 300,000 to 1,500,000 XOF.

You may withhold pay for time not worked. You may not make the employee pay for the misconduct.

What you need to do

Set out the scale of sanctions in the internal rules, from warning to dismissal.
Limit any suspension to eight days at most.
Remove any flat “penalty” from payroll and deduct only time not worked.

4. Third condition: the same rule for everyone

Back to Salif. His warning for being twenty minutes late is correct on paper. But the operator who arrived an hour late the day before, close to the team leader, received nothing. For the whole shop floor, the rule no longer exists: all that is left is favouritism.

What the law prohibits

The employer may not take opinions, union membership or union activity into account when deciding on a disciplinary measure or a dismissal (Labour Code, article L.257). Any measure taken in breach of this rule is wrongful and gives rise to damages, that is, a sum set by the judge to make good the harm suffered.

More broadly, the law prohibits all discrimination in employment. Discrimination is any distinction, exclusion or preference based in particular on race, colour, sex, religion, political opinion, social origin, disability or HIV, that impairs equality of opportunity or treatment (Labour Code, article L.4).

Favouritism, a quiet poison

Family ties or friendship with a supervisor are not on the list in article L.4. But favouritism destroys the rule just as surely as discrimination: an employee sanctioned for misconduct that others commit with impunity has every reason to challenge it, and colleagues learn that the rule does not count.

Why equal treatment? Because a sanction is only accepted if everyone knows it would have hit anyone else for the same misconduct. See also our article Disciplinary sanctions: justice and fairness.

What a discriminatory sanction costs

Sanctioning an employee because of their opinions, union membership or union activity is punishable by a fine of 50,000 to 250,000 XOF and imprisonment of one to four months, or one of these two penalties. For a repeat offence, the fine rises to 500,000 to 1,000,000 XOF, with eight months’ imprisonment (Labour Code, article L.329).

A rule applied depending on who you are is no longer a rule: it is a favour, or a threat.

What you need to do

Keep a register of sanctions to check that the same misconduct receives the same response.
Have every sanction validated by a second person, such as the HR manager.
Apply the rules to team leaders and their relatives just as to everyone else.

5. Fourth condition: a fair, traceable procedure

An injection mould cracks during Mariam’s shift. The team leader wants to suspend her on the spot. Yet the maintenance log shows that the crack was reported three days earlier.

What the Code requires, and what it does not

For sanctions other than dismissal, the Malian Labour Code sets no procedure: no prior interview, no deadline for notifying the sanction. Your internal rules or collective agreement may provide one; if so, it binds you. A mistake is not necessarily misconduct: our article Road accident in a company vehicle: can the employee be sanctioned? explains this reasoning in detail.

Establish the facts: written statements, maintenance logs, time records, footage.
Ask the employee for an explanation, in writing or in a conversation you keep a record of.
Choose a sanction provided for in the internal rules and proportionate to the misconduct.
Notify the sanction in writing, stating the facts, and keep a signed copy.

For dismissal, the law imposes its own formalities: a letter stating the reason (Labour Code, articles L.41 and L.43) and informing the labour inspector by registered letter (Labour Code, article L.40). The step-by-step procedure is detailed in our article Disciplining without slipping up: disciplinary procedure in Mali. To characterise the misconduct before choosing the sanction, see Disciplinary sanctions: characterising the misconduct.

Proof, the keystone

If a dismissal is challenged, the employer must prove a legitimate reason (Labour Code, article L.51). Without a legitimate reason, or with an inaccurate one, the dismissal is wrongful, that is, unjustified in the eyes of the law, and gives rise to damages. A justified dismissal without a written letter or a stated reason costs up to one month’s gross salary (Labour Code, article L.52).

Gross misconduct (faute lourde) is misconduct that justifies immediate termination of the contract, without notice or severance pay. The Code does not define it and leaves its assessment to the judge (Labour Code, articles L.41 and L.53). Notice is the period between notification of the termination and actual departure; severance pay is the sum owed to a dismissed employee with at least one year of service.

Example. Niéléni Emballages dismisses for gross misconduct a monthly-paid operator with 5 years’ service and average monthly pay of 150,000 XOF over the last twelve months. The judge rejects gross misconduct.

Payment in lieu of notice, one month for a monthly-paid employee:
150,000 XOF
Severance pay: 150,000 × 20% × 5 = 150,000 XOF
Legal minimum total: 150,000 + 150,000 = 300,000 XOF

Damages come on top if the judge also finds that the dismissal had no legitimate reason (Labour Code, article L.51).

A door open to challenge

A healthy environment accepts that a sanction may be disputed. Any worker may ask the labour inspector to settle a dispute amicably (Labour Code, article L.190), then bring the case before the labour court, where proceedings are free of charge (Labour Code, article L.202).

Facts first, explanations next, the sanction last.

What you need to do

Gather written evidence before any decision.
Obtain the employee’s explanation and keep a record of it.
Notify each sanction in writing and keep the full file.

6. Fifth condition: social dialogue that works

Oumar, a staff delegate, has been asking for weeks to discuss favouritism on the night shift. Management has not met the delegates for four months. The day Salif challenges his warning, the case goes straight to the labour inspectorate.

Delegates who are elected, received and heard

Staff delegates are elected in every establishment with more than ten workers, for a three-year term (Labour Code, article L.265). With 60 employees, Niéléni Emballages must have three full delegates and three substitutes (Labour Code, article L.266).

Their role is to present individual or collective complaints to the employer, to refer complaints about the application of the law to the labour inspector, to monitor health and safety, and to make suggestions on work organisation (Labour Code, article L.278). Employees keep the right to present their complaints themselves (Labour Code, article L.279).

The employer must receive the delegates collectively at least once a month, and urgently at their request (Labour Code, article L.274). It gives them up to fifteen hours a month, paid as working time, to carry out their duties (Labour Code, article L.271), and provides them with a room (Labour Code, article L.272). Their role is detailed in our article Staff delegates: the partner the law requires, and who can help you avoid a crisis.

The complaints register

Except in urgent cases, the delegates hand in a written note setting out their request two days before the meeting. This note is copied into a special register, where the employer’s reply must be recorded within six days at most. The register is available to workers one working day per fortnight, and to the labour inspector at all times (Order No. 1566/MEFPT-SG of 7 October 1996, article A.275.3).

Why this dialogue? Because a complaint heard early does not turn into a conflict. Delegates are the safety valve of discipline: they flag abuses before they explode.

Protection that guarantees free speech

So that delegates can speak freely, dismissing one requires the labour inspector’s prior authorisation; otherwise the dismissal is null and the delegate is reinstated (Labour Code, article L.277). This protection also covers candidates and former delegates for six months after the end of their term.

What blocked dialogue costs

Failing to hold staff delegate elections is punishable by a fine of 10,000 to 18,000 XOF, and 100,000 XOF for a repeat offence (Labour Code, article L.330). Interfering with the free election of delegates or the proper exercise of their duties is punishable by a fine of 100,000 to 500,000 XOF and imprisonment of one month to one year, or one of these two penalties (Labour Code, article L.331).

A delegate you listen to every month costs less than a conflict you discover at the inspectorate.

What you need to do

Hold staff delegate elections as soon as the establishment exceeds ten workers.
Set a monthly meeting with the delegates and hold it, even without an urgent agenda.
Open the special register and record each reply within six days.

7. Sixth condition: safety taken seriously

Salif is caught with his hand near the mould of a press whose safety guard has been removed. The team leader wants to sanction him. But it was the team leader who had the guard taken off, “to go faster”.

The employer answers for safety

Health and safety instructions are part of the internal rules (Labour Code, article L.64). But it is first and foremost the employer who is responsible for applying health and safety measures (Labour Code, article L.172). See also our guide Workplace safety.

The texts are specific. Presses must be guarded so that operators cannot reach moving parts, and it is prohibited to install a dangerous machine without the protective device that exists for it (Decree No. 96-178/P-RM of 13 June 1996, articles D.170-45 and D.170-46). In an establishment with more than fifty people, a fire instructions notice must be displayed in each workroom, and emergency drills must take place at least every three months (same decree, article D.170-26).

The health and safety committee

A health and safety committee is mandatory in industrial establishments with at least 50 employees and in other establishments with at least 100 employees (Labour Code, article L.280). Niéléni Emballages is concerned. The committee gives its opinion on safety instructions and makes health and safety rules known to staff (Decree No. 96-178/P-RM, article D.282-6).

Why link safety and discipline? Because a safety instruction is the rule that protects life. And because you cannot demand from an employee a caution that the company itself does not practise.

What neglected safety costs

Breaches of the health and safety decrees are punishable by a fine of 20,000 to 100,000 XOF; for a repeat offence, 100,000 to 200,000 XOF with imprisonment of six to twelve months (Labour Code, article L.326). In cases of urgent danger, the labour inspector may order work to stop immediately, and the hours lost are still paid (Labour Code, article L.175). For what to do after an accident, see our article Workplace accidents: mistakes to avoid.

You do not sanction an employee for a guard the company never installed.

What you need to do

Check that every dangerous machine has its protective device before it is started.
Set up the health and safety committee if your workforce requires it.
Sanction the removal of a guard, whoever did it, team leaders included.

8. Seventh condition: an employer who meets its own obligations

In October, September’s wages are paid on the 20th. The same week, management announces a campaign against lateness. On the shop floor, the reply is instant: “You pay us late, and you blame us for being late.”

A two-way contract

The employment contract creates obligations on both sides. The employee owes all their professional activity to the company (Labour Code, article L.16) and works under the employer’s authority (Labour Code, article L.13). The employer, for its part, must in particular pay wages on time, provide a payslip and ensure safety. See our article Discipline: everyone’s obligations.

For a monthly-paid employee, wages must be paid no later than eight days after the end of the month worked (Labour Code, article L.103). The payslip is handed over at the time of payment (Labour Code, article L.104). See also Payroll in Mali: pay on time, in the right place, and keep the proof.

Example. Calculating Niéléni Emballages’ payroll delay.

End of the month worked: 30 September
Payment deadline: 30 September + 8 days = 8 October
Actual payment date: 20 October
Delay: 20 − 8 = 12 days

Why set an example? Because disciplinary authority rests on legitimacy. An employer who fails to meet its own obligations loses the credibility needed to demand that others meet theirs.

What the employer’s failure costs

Breaches of the rules on paying wages and providing payslips are punishable by a fine of 20,000 to 50,000 XOF and imprisonment of fifteen days to three months, or one of these two penalties (Labour Code, article L.319).

An employer who demands punctuality must first pay on time.

What you need to do

Pay monthly wages no later than eight days after the end of the month.
Give each employee an individual payslip with every payment.
Check that the company meets its own obligations before launching a disciplinary campaign.

A closer look: French rules that do not exist in Mali

Many internal rules templates circulating in Mali copy French employment law. Four rules come up often. None of them appears in the Malian Labour Code.

What you often read	What Malian law says
“Internal rules are mandatory from 50 employees.”	They are mandatory from 10 employees in industrial, commercial andagricultural companies (L.62).
“A prior interview is mandatory before any sanction.”	The Code does not require one. Only your internal rules orcollective agreement can provide for it.
“The employer has two months to sanction misconduct.”	The Code sets no such deadline. A late sanction is neverthelessharder to justify.
“Serious misconduct” (faute grave)	The Code recognises only gross misconduct, assessed by the judge(L.41 and L.53).

These errors distort the framework from the start: an employer who relies on them may think internal rules are optional, or post a procedure that nobody applies.

Key takeaways in 6 points

Have your internal rules approved, posted and explained from 10 employees.
Provide for a lawful scale of sanctions: no fines, and suspension of eight days at most.
Apply the same rule to everyone, supervisors and relatives included, and keep a register of sanctions.
Establish the facts and hear the employee before sanctioning, then notify in writing.
Meet the staff delegates every month and reply in writing to their complaints.
Meet your own obligations, from machine safety to paying on time, before demanding that employees meet theirs.