RESOURCES
Resources
Articles, practical guides and legal updates written by our experts.
The Risk Premium
The risk premium compensates for exposure, never for performance. It was established by Order No. 99-0892/MF-SG: it is not dependent on the employer. It is universal—“all staff, without distinction”—and proportional: 10% of base pay for each employee.
The Seniority Bonus
The seniority bonus is required by law: it is payable after 3 years (“it is mandated by law”). The pay scale is as follows: 3% after 3 years, 5% after 5 years, then an additional 1% per year up to a maximum of 15% after 15 years. It rewards length of service, never performance.
The Work Bonus / Special Conditions
The work allowance compensates simultaneous exposure to fieldwork and physical hardship. Based on Order 99‑0892/MF‑SG, hardship includes height/depth, dust/mud, tools or similar factors. The amount is a flat 20% of the category’s base salary. It is exempt from ITS but subject to social security—tax exemption never means social security exemption.
The apprenticeship contract
The apprenticeship contract is a special type of employment contract obliging the employer to pay an allowance and to provide methodical, complete vocational training. It must be in writing and filed with the labour inspectorate, covers young people aged 14 to 21 for up to three years, and carries a rising allowance of 25%, 50% then 100% of the SMIG.
The commuting accident
A commuting accident is treated as a workplace accident, provided the journey between home and workplace was not interrupted or diverted for a personal reason. The article sets out what breaks that protection, the 48-hour reporting deadlines and the burden of proof, which here falls on the employee.
The company closes or goes bankrupt: are wages guaranteed?
In bankruptcy, wages for the last twelve months have a preferential right over all the employer’s assets, and wage claims rank ahead of all other preferential claims, including the Treasury’s (L.113, L.115). Closure does not exempt the employer from dismissal rules: notice, payments, informing the inspector (L.57). In OHADA collective proceedings, the unattachable portion of the last twelve months is paid first. No wage guarantee fund exists.
The company is sold or merged: what happens to employment contracts?
On a sale, merger, succession or incorporation, all contracts in force continue with the new employer (L.57): pay, category, bonuses and seniority are maintained. Any substantial change requires the employee’s agreement (L.58). A takeover is not a ground for dismissal; duplicate posts follow the economic procedure (L.46 to L.48). INPS contributions become due on the transfer.
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 new Collective Bargaining Agreement for the Metalworking and General Mechanical Engineering Industries (CC-MIMG) took effect on July 1, 2011.
Article 33/34: Absences Due to Illness or Non-Work-Related Accidents
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.
253 articles — page 17 of 22
A question about Malian labour law?
Our experts are available to assist you.