Employment law
Pension provision
In Mali, social security for employees covered by the Labour Code is provided by a joint body for the private sector (INPS) and a public body (the Malian Social Security Fund – CMSS – formerly the Pension Fund) for civil servants, as well as a joint body for the public and private sectors (CANAM).
The INPS covers three schemes
1. the family benefits scheme;
2. the scheme for compensation and prevention of workplace accidents and occupational diseases;
3. the old-age, disability and death insurance scheme.
INPS benefits are governed by Law No. 99-041/AN-RM of 12 August 1999 establishing the Social Security Code in Mali.
The CMSS covers the pension scheme for civil servants and military personnel.
CMSS benefits are still governed by Order No. 79-7/CMLN of 18 January 1979 establishing the pension scheme for civil servants in the Republic of Mali.
The National Health Insurance Fund (CANAM) provides ‘health protection’ for civil servants and workers covered by the Labour Code.
CANAM benefits are governed by Law No. O9-015/AN-RM of 26 June 2009.
Negotiating a provident scheme
In addition to the social security cover provided by the INPS, to promote the development of welfare schemes, the law has introduced voluntary insurance for certain schemes: family benefits, sickness cover, old-age, disability and death insurance.
Furthermore, the employer may negotiate a social protection agreement with a private insurance provider, in consultation with staff representatives or trade union representatives.
Claiming INPS benefits
To be eligible for INPS social security cover, both the employer and the employee must be registered and must pay their social security contributions regularly.
Jargon
Social Fund:This is a flat-rate contribution established within a company and paid by all members of the company, including the employer. This fund is used to provide assistance to employees following social events in their households (a child’s christening, a wedding, a death, etc.).
Mutual society: This is a non-profit organisation which, in the interests of its members and in return for contributions, provides welfare and mutual aid services.