RESOURCES
Labour law A-Z
Articles, practical guides and legal updates written by our experts.
Resignation is never presumed
A prolonged absence is not a resignation. Treating one as the other is the shortest route to unfair dismissal.
Retirement: At what age does an employee retire, and what payment is due?
In the private sector, retirement is at 60 in category A and 58 in categories B to E, extendable by agreement to 62 or 60 (L.60); employees may leave from 57 or 55 without it being a resignation (L.60 bis). They receive a payment calculated like severance pay (L.55, L.53). The INPS pension requires 13 years of contributions and an undertaking not to resume salaried work (SSC 143, 155).
Retirement: Standard pension
The standard pension is due at 58 to an insured person with at least thirteen years of insurance (Social Security Code, art. 143 and 144). It equals 2% of average monthly remuneration per year of insurance, i.e. 26% for thirteen years; this average is contributory pay over the last eight years divided by 96, with a base of no less than twice the SMIG (art. 156). Declare all bonuses: what is not contributed does not count.
Road accident in a company vehicle: can the employee be sanctioned?
A simple driving error causing an accident in a company vehicle cannot be sanctioned: only established misconduct can, since internal rules sanction conduct rather than outcomes. The employer may never make the employee bear the repair cost, as any deduction from pay on that basis is a prohibited fine.
Serious or gross misconduct? Driving without a valid licence
Serious or gross misconduct: the difference is not degree but intent to harm, and it decides who pays for the loss.
Setting up a union and a union committee: the steps
The manager asks for statutes, accreditation and a member list before recognising the union committee. None of the three has any basis.
Severance pay in Mali
In Mali, a dismissed employee with at least one year of continuous service is entitled to severance pay, separate from notice; only gross misconduct removes it. It is calculated on the monthly average of the last twelve months, bonuses included and expenses excluded. The scale is progressive: 20% per year up to 5 years, 25% from the 6th to the 10th, 30% beyond, fractions of a year included. A collective agreement may provide more.
Sick leave
Sickness absence suspends the contract, but the regime depends on the origin of the condition: the INPS pays throughout the incapacity where it is occupational, the employer for up to six months where it is not. The article compares the two regimes, the compensation scale, the employee's obligations and the effects on seniority and annual leave.
Sickness: prolonged or repeated absences, how to resolve them without dismissing for illness
Illness is never a ground for dismissal in Mali, and "disruption of the business" is a French-law criterion. Suspension for illness lasts six months and is extended until the employee is actually replaced. During the absence, a replacement fixed-term contract covers the post; afterwards, the termination is handled as a dismissal. Repeated absences of more than fifteen days in a six-month period require a return-to-work visit.
Social Dialogue and Dispute Management: the Bodies, the Procedures and the Deadlines
Above ten workers, staff delegates are elected for three years, on a precise timetable with minutes to the inspectorate within three clear days. Dismissing one requires the inspector's authorisation, on pain of nullity. Individual disputes go through conciliation, collective ones through the conciliator then arbitration. A strike requires fifteen days' notice.
Social security in Mali: what decides whether your employee gets paid
In Mali INPS pays the benefits, but it is the employer that opens the entitlement: without a declaration and registration the employee is not compensated, and the Institute may charge the benefits back to the company. Two deadlines not to confuse: eight days to declare a hire or an end of contract to INPS, fifteen days for the placement body. Every workplace accident is reported within forty-eight hours, in four copies.
Special Leave and Exceptional Permissions: the Ceiling Is in the Law, the Scale Is Yours to Write
Article L.146 sets no scale: it forbids charging the first ten days of family permission against acquired leave. Only birth leave is quantified by a general text, at three paid days within a fifteen-day window. The “3 days wedding, 2 days death” scale in the decree applies only to domestic staff. Writing your own scale is up to you.
177 articles — page 10 of 15
A question about Malian labour law?
Our experts are available to assist you.