RESOURCES
Labour law A-Z
Articles, practical guides and legal updates written by our experts.
Characterising the fault: what the Malian Code recognises, and what it ignores
The manager wants to dismiss for serious misconduct, without notice, holding back the final pay. All three decisions are wrong.
Company car and notice period: why you cannot take the keys back straight away
A company car also used privately is a benefit in kind, and therefore part of remuneration (L.95). If you release an employee from working their notice, you may not reduce their salary or benefits, unless mutually agreed (L.44): the car stays until the end of the notice period. Only gross misconduct removes the notice period. For an early return, sign a written agreement setting the date and the compensation.
Company expenses: cost or pay?
Company expenses: a cost of the business or pay for the worker? The answer decides the contributions.
Death benefit
On the death of an insured person, the family receives a monthly survivor’s pension if the deceased was retired or had thirteen years of insurance (Social Security Code, art. 152), an allowance paid once below thirteen years (art. 154), or annuities if the death is work-related (art. 126). Survivors are the spouse married for two years and dependent children (art. 153). The employer reports the death to the INPS within eight days.
Disability allowance in Mali
The Code does not provide for a “disability allowance”: an employee who loses at least two thirds of their earning capacity (66.66%) for a non-occupational reason receives a disability pension if they have eight years of insurance (art. 148). Calculated like the retirement pension, with six months credited per year remaining until 53, it then becomes a retirement pension. The INPS requires a dismissal preceded by the inspector’s opinion.
Disability retirement in Mali
An employee who loses at least two thirds of their earning capacity for a non-occupational reason receives a disability pension if they have eight years of insurance (Social Security Code, art. 148). It equals 2% of average pay per year of insurance, with the years remaining until 53 counting for half (art. 156). Temporary and subject to review, it becomes a retirement pension without reduction at 53 (art. 150).
Disciplinary measures: Fairness and justice
A sanction stands on two grounds: the rule must be written in the internal rules, stamped and posted before the facts, and it must apply the same way to everyone. Only professional considerations are permitted: opinions, union membership and union activity are prohibited grounds, punishable under criminal law. Where the dismissal is disputed, the employer must prove the legitimate ground, and labour court proceedings are free of charge.
Disciplinary power: where it comes from, how far it goes
On Monday a sharp letter. On Thursday a dismissal for the same error. Two procedural mistakes in four days.
Disciplinary suspension: eight days at most, and a procedure to follow
Disciplinary suspension puts the contract on hold, without pay, for 8 days at most: this ceiling set by the Code overrides all internal texts. Any flat-rate deduction used as punishment is a prohibited fine, exposing the employer to a criminal fine. Interim suspension is organised only for protected employees and falls away if the inspector refuses the dismissal. A sanction requires established facts, a proper procedure and internal rules in force.
Discipline: each party's obligations
Discipline rests on mutual obligations: a written, known framework set by the employer, and duties of diligence, safety and confidentiality on the staff side. Before any sanction, a written request for explanation with 48 hours to reply makes the breach provable, while lay-off stays capped at eight days and fines are prohibited.
Disciplining without slipping up: disciplinary procedure in Mali
The Malian Labour Code sets no scale of sanctions: it is written into the internal rules, compulsory from ten employees and enforceable only twenty days after the inspectorate's approval (L.62, L.68). Two absolute limits: fines and any monetary deduction by way of punishment are prohibited (L.69, L.121), and temporary lay-off cannot exceed eight days, unpaid (L.34, L.38). The burden of proving the ground lies with the employer (L.51).
Dismissal for poor performance: legitimate grounds that must be proven
Poor performance is not misconduct, but it may justify dismissal if the employer proves legitimate and accurate grounds. Before acting, the employer checks competence, the tasks given, the adjustment period and the resources provided, then builds a file of objective evidence. The termination is notified in writing with its grounds and the labour inspector is informed. The employee keeps his notice and severance pay.
177 articles — page 2 of 15
A question about Malian labour law?
Our experts are available to assist you.