Employment law
Labour inspector in Mali: inspector, conciliator and approving authority
Tuesday, 9 a.m., at the height of the mango season in Sikasso. Outside the SikaFruits factory, a man shows his professional card to the guard: he is a labour inspector. The director is in Bamako, the employer's register is sitting in a drawer and the guard hesitates to open the gate. What happens in the next few minutes may cost a fine, a formal notice or an official report sent to the courts.
SikaFruits is a fruit-processing factory with 45 permanent employees and up to 70 people at the height of the season. The staff have elected two staff delegates. We will follow the company from the inspector's visit to the settlement of a dispute. This company and the people mentioned are fictitious: their names are used for illustration only.
1. What exactly are we talking about?
The labour inspector is an official of the labour administration, appointed by the minister responsible for labour, who ensures that the Labour Code and its implementing texts are applied (Labour Code, articles L.292 and L.295). Inspectors take an oath before the court of appeal; the labour controllers who assist them take an oath before the court of first instance (article L.293). When the inspector is absent, the head of the administrative district stands in (article L.299).
The inspector is bound by strict obligations. They may have no interest in the companies they inspect (article L.294). They do not disclose manufacturing secrets they discover, even after leaving the service, and they keep any complaint they receive confidential (article L.293). This confidentiality protects employees who report a breach.
Three roles
| Role | What the inspector does | Texts |
|---|---|---|
| Inspect | Visits establishments, examines registers, records offences | L.295 and L.296 |
| Conciliate | Tries to settle individual and collective disputes amicably | L.190 and L.219 |
| Approve, be informed, authorise | Approves internal rules, receives notification of dismissals, authorises the dismissal of a staff delegate | L.66, L.40 and L.277 |
The most common mistake
Seeing the inspector only as a controller. Two of the three roles can serve the company: a successful conciliation before the inspector avoids a lawsuit, and approved internal rules become applicable to all staff.
An inspector, a conciliator, an approving authority: three roles, one person.
2. The visit: at any time, without an appointment
The labour inspector may enter freely, at any hour of the day or night, the establishments subject to inspection (Labour Code, article L.296). The inspector informs the employer or its representative of their presence, unless they consider that doing so would undermine the inspection. The employer or its deputy may accompany the inspector during the visit.
During the visit, the inspector may in particular:
- question the employer or employees, with or without witnesses;
- require the production of the registers and documents provided for by the Code and its implementing texts;
- take samples of the materials used, in the presence of the head of the establishment and against a receipt;
- be accompanied by sworn interpreters, staff delegates, doctors or technical experts.
The "delegate must be present" trap
Some guides claim that the inspector must be accompanied by the staff delegate. The Code only says that the inspector may be (L.296). The visit is valid without the delegate, and the company may not delay it to wait for them.
What obstruction costs
At SikaFruits, the guard wanted to wait for the director to return before opening the gate. Obstructing or attempting to obstruct an inspector is punishable by a fine of XOF 20,000 to 120,000 and imprisonment of 15 days to 3 months, or one of these penalties. For a repeat offence, the fine rises to XOF 120,000 to 250,000 and imprisonment is mandatory (Labour Code, article L.334).
What you need to do
- Give the guard and reception a written instruction: let the inspector in and alert management immediately.
- Appoint a manager and a deputy able to accompany the inspector and produce the documents.
- Let the inspector question employees freely, with or without witnesses.
3. The documents the inspector will ask for
The SikaFruits site manager finally brings out the registers. The inspector first checks the documents that must be kept by law.
| Document | What is checked | Texts |
|---|---|---|
| Employer's register | Kept up to date in three parts: staff and contracts; work, pay and leave; the inspector's approvals and formal notices. Kept for five years | L.130 |
| Payment register | Reproduces the entries of each payslip, without gaps or alterations. Kept for five years | L.107 and L.108 |
| Payslips | Issued with each payment, showing detailed gross pay, deductions and net pay | L.104 and L.105 |
| Fixed-term contracts | In writing; those of more than three months filed with the inspectorate before they start | L.21 |
| Internal rules | Compulsory from ten employees, approved by the inspector and posted | L.62, L.66 and L.67 |
The employer's register is the document in which the employer records each employee, their contract, their work and their pay (Labour Code, article L.130). Its third part is reserved for the inspector, who records observations and formal notices there.
The most common mistake
Forgetting seasonal workers. SikaFruits hires 25 seasonal workers for a four-month season. Their contracts exceed three months and must therefore be filed with the inspectorate before work begins (L.21). They must also appear in the employer's register.
What a poorly kept register costs
A breach of the rules on the employer's register or on issuing payslips is punishable by a fine of XOF 20,000 to 50,000 and imprisonment of 15 days to 3 months, or one of these penalties. For the employer's register, the fine applies as many times as there are missing or incorrect entries (Labour Code, article L.319).
What you need to do
- Keep the employer's register and the payment register up to date every month.
- File seasonal contracts of more than three months with the inspectorate before they start.
- Post the approved internal rules in the hiring areas and at the workplace.
4. When the inspector finds a breach: three possible responses
In the workshop, the inspector notices a pulping machine whose safety guard has been removed. The inspector does not, however, draw up an official report on the spot. The Code offers several responses, depending on the nature of the breach.
| Response | When | What happens next |
|---|---|---|
| Fixed fine collected directly | Minor offences | Rates set by ministerial order; if contested, criminal procedure applies (L.296) |
| Written formal notice | Compulsory before any official report on health and safety | A deadline is set for compliance; failing that, an official report (L.174) |
| Official report | Offence recorded | Copy given to the employer; sent to the public prosecutor (L.295) |
A formal notice is a written order to correct a breach within a set deadline. An official report is the official record of an offence; it is authoritative until proven false, meaning it is taken as accurate unless it is shown, through a special procedure, to be false (article L.295).
The fixed fines are set by Order No. 96-1566 (article A.296-1): for example XOF 10,000 for a breach of the working-time rules, and XOF 17,000 for a dismissal not notified to the inspector or unpaid severance pay.
The formal notice: a window not to be missed
In health and safety matters, a formal notice is compulsory before any official report (Labour Code, article L.174). It is written in the third part of the employer's register or sent by registered letter with acknowledgement of receipt. It specifies the breaches and sets the deadline for remedying them.
Order No. 96-1566 (article A.174-1) sets minimum deadlines: 7 days in commerce, 30 days in industry, 15 days in transport, 7 days in banking and insurance. SikaFruits, an industrial company, therefore has at least 30 days to refit the guard on its pulping machine.
If the deadline is unrealistic, the employer may refer the matter to the National Director of Labour before it expires. This complaint suspends the deadline, and the Director responds within 15 days (articles A.174-2 and A.174-3). If nothing has been done when the deadline expires, the inspector draws up an official report (article A.174-5).
In an emergency, the inspector may also order work to stop immediately until preventive measures are in place. The hours lost are paid as actual work, and the employer may appeal to the National Director of Labour (Labour Code, article L.175).
What a missed deadline costs
A breach of the health and safety decrees is punishable by a fine of XOF 20,000 to 100,000. For a repeat offence, the fine ranges from XOF 100,000 to 200,000, with imprisonment of 6 to 12 months (Labour Code, article L.326).
A formal notice is not the penalty. It is the last chance to avoid one.
What you need to do
- Deal with every formal notice on receipt and schedule the work within the deadline.
- Refer the matter to the National Director of Labour before the deadline expires if the work cannot be done in time.
- Inform the inspector in writing of the measures taken.
5. Dismissals: the points at which the inspector must be involved
At the end of the season, SikaFruits wants to dismiss two employees, including Bakary, a staff delegate. A staff delegate is an employee elected by colleagues to represent them before the employer, in establishments with more than ten employees (Labour Code, article L.265).
| Situation | Inspector's role | Text |
|---|---|---|
| Any dismissal | Informed by registered letter stating the grounds; gives an opinion within 15 days | L.40 |
| Economic dismissal | Receives the minutes of the consultation with delegates, may offer good offices within 15 days and checks the order of dismissals | L.47 and L.48 |
| Dismissal of a staff delegate | Prior authorisation compulsory | L.277 |
| Mutually agreed termination | Receives a copy of the agreement and settles disputes by arbitration | L.50 bis |
| Temporary lay-off for technical or economic reasons | The regional director of labour is informed of the decision in advance | L.35 |
An opinion is not an authorisation
For an ordinary dismissal, the employer must inform the inspector by registered letter, stating the grounds, and the inspector has 15 days to give an opinion (Labour Code, article L.40). This opinion does not block the dismissal. If the employee disputes it, they go to court.
The staff delegate: authorisation, or the dismissal is void
For Bakary, the rule changes. The inspector's authorisation is required before any dismissal of a full or substitute delegate (Labour Code, article L.277). If there is no answer within 15 days, authorisation is deemed granted; the period is extended to 30 days if the inspector considers an investigation necessary and informs the employer.
The protection also covers candidates, from the posting of the lists until the vote, and former delegates for six months after their term ends. In a case of gross misconduct, the employer may suspend the delegate provisionally pending the decision; if authorisation is refused, the suspension has no effect.
What forgetting the authorisation costs
A dismissal without authorisation is automatically void: the delegate's rights are restored and they are reinstated in the company (L.277). For the full procedure, see Dismissal of staff and Economic dismissal.
What you need to do
- Inform the labour inspector of every dismissal by registered letter stating the grounds.
- Request the inspector's authorisation before dismissing a staff delegate, a candidate, or a former delegate within six months of the end of their term.
- Keep proof of sending and the inspectorate's replies.
6. Conciliation: an agreement signed before the inspector is binding
Twelve SikaFruits seasonal workers claim overtime they believe is unpaid. The company disputes some of the hours. Rather than wait for a court summons, the director suggests going through the labour inspector.
An individual dispute is a conflict between one or more employees and their employer over the performance of the employment contract (Labour Code, article L.192). Any employee or employer may ask the inspector to settle it amicably (article L.190). This request suspends the limitation period until the report closing the conciliation attempt. The parties must attend when summoned, failing which they face a fine set at XOF 5,000 (Order No. 96-1566, article A.190).
A collective dispute is a conflict involving a group of workers and a collective interest (article L.218). It is notified to the regional labour inspector, or to the director of labour if it covers several regions (article L.219).
| Point | Individual dispute | Collective dispute |
|---|---|---|
| Effect of referral | Suspends the limitation period until the closing report (L.190) | Conciliation attempted without delay and report within six clear days (L.219 and L.221) |
| Force of the agreement | Enforceable once the enforcement order is affixed by order of the president of the labour court (L.191) | Immediately enforceable once signed, dated and approved by the inspector (L.222) |
| If it fails | Report of non-conciliation, then referral to the labour court (L.191) | Report to the minister responsible for labour, then possible arbitration (L.224 and L.225) |
What the agreement is worth
For an individual dispute, the enforcement formula is affixed to the conciliation report by order of the president of the labour court, at the request of the first party to apply (Labour Code, article L.191). The enforcement formula is the wording that allows the agreement to be enforced like a judgment. For a collective dispute, the agreement signed, dated and approved by the inspector is immediately enforceable (Labour Code, article L.222).
The most common mistake
Signing a conciliation agreement "to calm things down" without being able to honour it. If SikaFruits undertakes to pay the hours in three instalments and misses the second, the seasonal workers will be able to enforce the agreement without going through a lawsuit again.
An agreement signed before the inspector is not a promise. It is a commitment that can be enforced.
What you need to do
- Propose conciliation before the inspector as soon as an individual dispute hardens.
- Attend every summons from the inspectorate.
- Only sign a conciliation report for commitments the company can keep.
A closer look: the employer's register since the order of 27 December 2024
Order No. 2024-4363/MTFPDS-SG of 27 December 2024 rewrote the rules for keeping the employer's register (articles A.130-1 to A.130-3 of Order No. 96-1566). Several points change how to prepare for an inspection.
- The register is kept up to date at the place of operation.
- Before it is first used, it must be numbered and initialled by the competent labour inspector, then filled in without alterations or missing or incorrect entries.
- The first part records in particular the start date, date of birth, identity card or NINA biometric card number, nationality, INPS registration number and leaving date.
- The second part records in particular the job, category, basic salary, salary supplements, paid leave dates and, for foreign workers, the work permit number.
- Each establishment keeps its own register; establishments with fewer than ten workers located within a 20-kilometre radius may share one.
The same order sets the fixed fine at XOF 18,000 for a breach of the employer's register rules, applied as many times as there are missing or incorrect entries (article 2).
Example. SikaFruits has not entered any of its 25 seasonal workers in the employer's register.
Fixed fine per missing entry: XOF 18,000
25 missing entries: 25 × 18,000 = XOF 450,000
For the rules on approval of internal rules, see Internal rules.
Key takeaways in 6 points
- Let the labour inspector in at any time: obstructing a visit is punishable by a fine and can lead to prison.
- Have the employer's register numbered and initialled, then keep it up to date along with the payment register.
- Deal with every formal notice within the deadline: it is the last step before an official report.
- Inform the inspector of every dismissal by registered letter, and obtain authorisation before dismissing a staff delegate.
- Propose conciliation before the inspector to settle a dispute before it reaches the court.
- Only sign a conciliation agreement you can honour, because it can be made enforceable.