Personnel management
Temporary Work: Replacing an Absent Employee
Long misunderstood, temporary work is now increasingly used by Malian employers. Some use it systematically to replace an absent employee, while others use it to evaluate candidates for a few months before offering them a permanent contract.
1. The principle: filling a temporary absence, not a permanent position
Temporary staffing involves providing a company with a worker who is employed and paid by a temporary staffing agency (ETT), an entity recognized by the Malian Labor Code as a full-fledged employer (Article L.313 of Law 92-020/AN-RM of September 23, 1992).
In practical terms, this means that the temporary worker:
- works at the client company;
- but is employed, paid, and registered by the temporary staffing agency.
The client company, for its part, has no direct legal relationship with the temporary worker: it is bound to the temporary staffing agency by a commercial contract, and nothing more.
2. The Only Permitted Ground: Legal Suspension of the Contract
This is the central legal principle of temporary staffing, and the one that must be understood before anything else.
According to the Labor Code, temporary staffing may only be used to replace a worker whose employment contract is legally suspended (Article L.34).
What is a legal suspension?
It is a situation in which the employee has not left the company: their contract is still in effect; it is simply on hold. The position is therefore not vacant; it is temporarily unfilled.
| Cases of Suspension | Will the employee return? |
|---|---|
| Maternity Leave | Yes, at the end of their leave |
| Sick leave | Yes, upon recovery |
| Vacation | Yes, on the scheduled date |
| Detention | Yes, depending on the outcome |
It is this certainty of the employee’s return that justifies the temporary nature of the replacement.
The three mandatory provisions of a temporary employment contract
The contract must specify:
- The name of the employee whose contract is suspended;
- The reason for the suspension;
- The expected duration of the suspension.
Correct example: “Replacement for Ms. Fanta KEÏTA, cashier, on maternity leave, for an estimated duration of 14 weeks.”
Insufficient example: “Replacement for an absent employee.” None of the three required details are included.
The Absolute Limit
The use of temporary staffing may not, either in purpose or in effect, serve to permanently fill a position related to the company’s normal and ongoing operations, regardless of the reason.
Note the dual condition: the law addresses both the purpose (what you intended to do) and the effect (what actually happens). Even without any intention to circumvent the rule, keeping a temporary worker in a permanent position for an extended period constitutes a violation.
The logical corollary: a position of a normal and permanent nature must be filled by a permanent employment contract (Article L.22 of the Labor Code).
3. Where Temporary Work Is Currently Practiced in Mali
Sectors with High Demand
Banks and telecommunications companies are increasingly turning to it.
The Positions in Demand
| Highly in demand | Less in demand |
|---|---|
| Administrative jobs | Financial positions |
| Sales | Executive positions |
| Data entry clerks | |
| Secretaries, switchboard operators | |
| Security Guards | |
| Call center sales representatives |
Job openings are primarily for candidates with a two-year college degree or higher.
Why this surge in demand?
Three key reasons:
1. The lack of an HR department. Virtually all Malian companies do not have a human resources manager to handle recruitment. Using temporary staffing agencies allows them to avoid having to develop a skill set they do not possess.
2. Irregular business activity. Some companies do not have a steady workload throughout the year. They must adopt a flexible approach.
3. A shift in perception. The image and prejudices Malians once had about temporary work are beginning to fade. What was once seen as a last resort is now recognized as a pathway to employment.
4. Temporary Work: A Real Stepping Stone to Employment
This section is intended for young people looking for their first job.
The Initial Hurdle
Many employers are reluctant to hire young entry-level candidates, even beyond the issue of their employability. The same criticisms keep coming up:
- “They want everything right away, even though they can’t yet contribute to the company”;
- “They don’t know how to sell themselves”;
- “They lack an entrepreneurial spirit.”
Whether justified or not, these prejudices exist, and they create barriers.
The question to ask yourself
How do you land a job in an environment where these prejudices precede you?
Through proof, not through words. And temporary work is precisely a way to prove yourself.
Why temp work rather than an internship
| Advantage | What this actually changes |
|---|---|
| More assignments | You gain a variety of experiences instead of just a single internship |
| Diverse work locations | You’ll discover multiple organizations and methods |
| Real-world evaluation | You’re judged on your work, not on your resume |
| Compensation | You earn a living while building your career |
| Efficiency | Saves time and money compared to unsolicited applications |
The prospect of permanent employment
Generally, these temporary workers end up being hired, provided they perform well.
That’s the whole mechanism: a company that might have hesitated to hire a stranger no longer hesitates to hire someone whose work it has evaluated over several months.
A practical advantage: financial reporting periods
Young professionals trained in finance, accounting, and management have a window of opportunity that everyone is aware of: the high demand for accountants and finance professionals in February, March, and April, during the fiscal year-end.
Positioning yourself during these months means joining the company at the very moment it needs the most help—and therefore when it’s most attentive to those who prove themselves effective.
In summary
Yes, temp work is precarious and often poorly paid. But it allows you to gain and build on experience, enhance your resume and skills, and earn a living in the process.
Don’t wait any longer.
5. Our Approach
Step 1: Anticipate the need
- Contact companies to assess their needs;
- Establish a schedule for when employees in those positions will go on leave;
- Compiling a list of other absences due to a legal suspension of employment.
This is the crucial step: it allows us to anticipate absences rather than simply dealing with them as they arise.
Step 2: Find and Place
- Search for candidates who match the suspended positions;
- Establishing contact;
- Contracts.
Step 3: Provide support
- Monitoring the assignment;
- Administrative management;
- End-of-assignment formalities.
The Essentials in 5 Points
- Temporary staffing replaces an employee whose contract is legally suspended (Art. L.34): maternity leave, sick leave, vacation, or incarceration.
- The contract must specify the employee being replaced, the reason, and the expected duration.
- It may never serve as a long-term replacement for a regular, permanent position, either by its nature or by its effect. This type of employment falls under the category of a permanent contract (Art. L.22).
- For the company: a solution to the lack of an HR department, fluctuations in business activity, and the need for flexibility.
- For young professionals just starting out: a stepping stone, offering extensive experience, a stronger resume, immediate income, and the potential for a permanent position if they perform well.