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Labour law A-Z
Articles, practical guides and legal updates written by our experts.
The employment dispute process in Mali
In Mali, an individual employment dispute is first handled within the company: HR proposes an amicable solution, in writing and signed by both parties. Failing agreement, it goes to conciliation before the labour inspector, then to the labour court, which tries conciliation again before ruling. An appeal, possible if the claim exceeds 12 times the SMIG (480,000 XOF), must be lodged within 15 days; the Supreme Court rules in cassation. Claims are time-barred after 3 years.
The establishment-level agreement
The establishment agreement is a collective agreement at company scale, negotiated with staff delegates to adapt the sector framework without ever reducing an acquired advantage. It must be written in French on pain of nullity, filed with the labour court registry, and may not exceed five years where concluded for a fixed term.
The foreign worker's contract
The foreign worker's contract covers a foreigner already settled in Mali and recruited locally, unlike the expatriate whose presence results from the employer. It requires a written contract approved by the National Directorate of Labour, escapes the limit on renewals, but can become open-ended only where a reciprocity arrangement exists.
The non-competition clause
Any clause barring an employee from working after the contract ends is void in principle, unless it observes three cumulative limits: competing activities only, six months maximum and a fifteen-kilometre radius. It applies solely where the contract ended by the employee's own act or through dismissal for gross misconduct.
The open-ended employment contract (CDI) in Mali
The open-ended contract (CDI) in Mali has no time limit and is used for permanent positions. It provides strong job stability, with termination governed by strict legal procedures.
The prerogatives of the union committee: three written rights, and what is not written
Three requests from the union committee: a room, the notice board, a meeting. Two refusals, and two interferences with written prerogatives.
The project-based contract: a fixed-term contract with no end date, but not without an end
The only fixed-term contract that may run beyond two years, in exchange for never being renewable.
The project-based fixed-term contract
The project contract is the only fixed-term contract that may run beyond two years, but it cannot be renewed and its term is the completion of the works, which makes the description of the subject matter decisive. Contrary to common belief, the 2.5% end-of-contract payment is due, since it does not appear in the exclusions listed in Article L.24.
The qualification contract and the internship contract
The qualification contract targets young people aged 35 or under holding a vocational qualification, for six months renewable three times, with pay at least half the contractual salary for the equivalent post. Without supervision and genuine training, these integration schemes risk reclassification as ordinary employment.
The replacement fixed-term contract (CDD)
A replacement fixed-term contract may only cover an employee whose contract is under legal suspension, and must name the replaced person and their qualification, failing which it becomes open-ended. It carries no entitlement to the 2.5% end-of-contract payment, and the holder's early return does not amount to force majeure.
The scale of sanctions: building it, calibrating it, applying it
The scale of sanctions in the internal rules fits on one line. The HR manager will have to decide alone, and he will decide badly.
The standard fixed-term contract (CDD)
A standard fixed-term contract meets a temporary business need: writing required, two years maximum, two renewals. Beyond that, it is open-ended.
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