Personnel management
Staffing: Handling an Increase in Workload
Whether on a construction site, in a factory, or at a mining site, the workload doesn’t always align with the schedule. The use of temporary staff addresses this reality, provided that strict formal requirements are followed—any deviation from which can be costly.
1. What exactly are we talking about?
The provision of temporary staff is defined as the employment of temporary workers in a company through a temporary staffing agency (ETT).
What sets it apart from traditional temporary work
Both arrangements use the same legal framework—the temporary staffing agency (ETT)—but do not address the same need:
| Temporary Work (Art. L.34) | Staffing Services | |
|---|---|---|
| What it addresses | A vacancy | An increase |
| Reason | Legal suspension of a contract (maternity leave, sick leave, vacation, incarceration) | Increase in workload, for a definite or indefinite period |
| Does the position already exist? | Yes, it is currently vacant | No, it is an additional need |
In other words: a temporary worker replaces someone, while a seconded employee adds to the staff.
The sectors involved
These are sectors whose activity experiences significant peaks:
- Construction and public works;
- Manufacturing;
- Mining.
Most positions in these sectors are held by blue-collar and unskilled workers—a profile very different from administrative temp jobs in banking or telecommunications.
2. The triangular relationship: who is connected to whom?
This is the core of the system and the source of most misunderstandings. Three parties, three different types of relationships.
UTILISATEUR
/ \
CMD / \ (aucun lien
(commercial) \ juridique direct)
/ \
ETT ============= TRAVAILLEUR
CTT
(social, avec subordination)
2.1 User and staffing agency: a commercial relationship
The user engages the staffing agency through a service contract, without any legal relationship of subordination.
The applicable law is commercial law, not labor law—a point that many companies overlook.
Practical implication: Pay particular attention to the wording of this contract, as its termination provisions are more flexible than under labor law. The protections you’re accustomed to under labor law do not apply here.
2.2 Client and Worker: No Legal Relationship
There is no legal relationship between the client company and the worker, apart from the performance of the assignment set forth in the service contract that binds the worker to the staffing agency.
In practice, the employment contract is the operational implementation of the assignments specified in the service contract.
Key consideration: The user must verify that the purpose of the service contract aligns with that of the employment contracts of the workers on assignment. If the two documents differ, the legal framework breaks down.
2.3 Temporary Staffing Agency and Worker: The Employer-Employee Relationship
It is here, and here alone, that a legal relationship of subordination exists.
The staffing agency is deemed to be the employer and bears all the rights and obligations associated with that status:
- it is responsible for complying with the workers’ instructions;
- it is accountable to tax, social security, and administrative authorities.
This status as an employer-service provider is established by Article L.313 and the implementing regulations of Law 92-020/AN-RM of September 23, 1992, establishing the Labor Code of the Republic of Mali.
The phrase that sums up the arrangement
“The employee works for an employer who does not pay him, and he is paid by an employer who does not employ him.”
This captures the essence: the day-to-day management of the work and the legal status of employer are separated.
What the service covers—and does not cover
| Included in the scope of the service | Not covered by the benefit |
|---|---|
| Supervising staff | Functional aspects related to “the employee in or at their position” |
| Handling all matters that contribute to achieving the objectives of sound administrative management |
Important note: Depending on the nature of the service entrusted, the service provider may nevertheless be responsible for organizing the work.
3. The two written contracts: the most sensitive issue
A temporary work assignment gives rise to two contracts, both of which must be in writing:
| Acronym | Contract | Who is bound to whom |
|---|---|---|
| CMD | Staffing Agreement | Temporary staffing agency and client company |
| CTT | Temporary Employment Contract | Temporary Employment Agency and Worker |
The Cost of Not Having a Written Agreement
The penalty affects both parties, each in a different way:
| Who Bears the Consequences? | What Happens |
|---|---|
| The user company | Contracts are void: the company must reimburse the staffing agency for the wages paid to the assigned employees and the corresponding payroll taxes |
| The staffing agency | Workers may request that their contract be reclassified as a permanent contract |
What is considered equivalent to a lack of a written contract
The concept is broader than it seems, and this is where most issues arise:
- the contract is not signed by the worker: this is considered a lack of a written contract;
- the signature is provided late: this also amounts to the absence of a written contract and may result in the reclassification of the contractual relationship.
The practical rule: a contract should not be signed “when we have time.” It must be signed before or at the start of the assignment. A perfectly drafted document signed three weeks later protects no one—neither the client nor the staffing agency.
The fundamental line that must not be crossed
A surge in activity justifies the assignment of temporary staff. But a surge that lasts twelve months is no longer a surge—it is a permanent position.
The Labor Code states it this way: “The purpose of a fixed-term contract may not be to permanently fill a position related to the company’s normal and ongoing operations,” except in the sectors specifically listed in Decree 96-1566/MEFPT-SG. These positions fall under the category of permanent contracts (Article L.22).
4. Our Approach
Our process covers the entire cycle, in four phases.
Step 1: Define the Scope
- Contacting companies to analyze their needs;
- Contract.
Phase 2: Recruit and Onboard
- Search for candidates;
- Putting candidates in touch with employers;
- Onboarding.
Phase 3: Safety Training
- Health and safety training, in French or Bambara depending on the target audience;
- Recurrent health and safety training in the same language.
Why this point is crucial. On construction sites, in manufacturing, and in mines, occupational risks are real, and workers are often unskilled. Providing training in a language they truly understand is not a luxury—it is essential for ensuring that safety instructions are properly understood. And regular refresher training ensures that vigilance does not wane over the months.
Phase 4: See it Through to the End
- Work organization;
- Management and monitoring;
- Administrative management;
- End-of-assignment formalities.
Our Sourcing Policy
We give priority to local workers.
Any unfilled positions are then filled by recruiting in Ghana, Côte d’Ivoire, Togo, Benin, or Burkina Faso.
5. Clarification on the subject
The 2022 decree did not eliminate the two-year limit for each outsourcing contract; it stipulates that the contract may not exceed two years but may be renewed indefinitely. (SGG Mali)
Changes in the Duration of Staff Outsourcing
Malian regulations have undergone significant changes regarding outsourcing and personnel management.
Decree No. 2022-0125/PT-RM of March 4, 2022, amending certain provisions of the decree implementing the Labor Code, now expressly regulates outsourcing activities.
Under the terms of the new Article D.313-6-1, the contract between the outsourcing agency and the client company must, in particular, specify the duration of the proposed arrangement. This duration may not exceed two (2) years.
However, the same article provides a key clarification: the outsourcing contract may be renewed without any limitation.
Thus, the twenty-four (24)-month limit should no longer be understood as an absolute maximum duration for the outsourcing relationship. It constitutes the maximum duration of a given contract, which may then be subject to successive renewals with no limit on the number of renewals.
Furthermore, the new Article D.313-7-2 specifies that, when an activity is outsourced, the employment contracts are transferred in their entirety to the outsourcing agency, whether they are permanent contracts (CDI), fixed-term contracts (CDD), apprenticeship contracts, or suspended contracts.
In practice, an outsourcing arrangement can therefore be long-term—including beyond twenty-four months—provided that the contracts between the outsourcing agency and the client company are regularly renewed in accordance with applicable regulations.
Key Points in 5 Steps
- Staffing addresses a surge in activity, whereas temporary staffing addresses an absence.
- The arrangement is based on two contracts that must be in writing: the CMD (commercial) and the CTT (employment).
- A missing or late signature is considered a lack of a written agreement: the agreement is null and void, requiring reimbursement for the user company, and the arrangement is reclassified as a permanent contract for the staffing agency.
- Only the staffing agency is the employer (Art. L.313); the client has no legal relationship with the worker but must verify consistency between the CMD and CTT.
- Dominant sectors: construction, manufacturing, and mining—hence the central role of health and safety training in a language the worker understands.
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