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Vocational training: what the contract must set out
Vocational training: objectives, duration and pay must be in the contract, and any retention clause is capped at four years.
Wages: what is paid, when it is paid, what may be deducted
Wages cover the basic salary and every benefit that pays for work, excluding expense reimbursements. They may not fall below the minimum for the grade, XOF 40,000 in grade I. Monthly-paid workers must be paid within eight days of the end of the month, and the payslip is handed over at the time of payment. Fines and disciplinary deductions are forbidden. The worker has three years to claim a sum due.
What fines does an employer face for breaching the Labour Code?
The labour inspector collects fixed fines of 7,500 to 18,000 XOF on the spot or draws up a formal report sent to the court (L.295, L.296). Before the court, ranges run from 5,000 to 500,000 XOF, sometimes with imprisonment, and rise for repeat offences. The fine applies as many times as there are offences, up to 50 times the maximum (L.335), and never relieves the employer of paying what is owed.
What is the minimum wage (SMIG) in Mali? 40,000 XOF a month, a floor and not a pay scale
The SMIG has been 40,000 XOF a month, or 230.77 XOF an hour, since 1 January 2016, for all sectors including agriculture (Decree No. 2015-0363/P-RM). It is calculated pro rata for part-time work; apprentices receive at least 25% then 50% of the SMIG. Paying less exposes the employer to a fine per employee (L.321, L.335) and to three years’ back pay. Collective agreements often set higher minimums.
Which collective agreement applies to my company, and where can I find it?
A collective agreement binds an employer that signed or acceded to it, directly or through its organisation, or that falls within an extension decree (L.75, L.77, L.82). It follows the company’s actual activity, not its pay scales. The current text is available from the labour court registry or the National Labour Directorate. Ignoring it means three years of back pay claims and fines.
Which documents must the employer display in the workplace?
Employers must display the approved internal rules (L.67), minimum wage rates and piece-rate terms (L.99), the INPS occupational accident poster (Social Security Code art. 70) and, from 50 people, fire instructions (D.170-26). They must provide noticeboards for delegates (L.273). Job offers by poster are prohibited (L.307). The French list of mandatory notices does not apply in Mali.
Which registers must an employer keep, and for how long? Five years at least, and not only for payroll
The employer keeps a payments register, copying every payslip with absences (L.104 to L.108), and a three-section employer’s register, numbered and initialled by the inspector (L.130). Both are kept for five years after the last entry. Depending on the activity, safety, fire, health and safety committee and delegates’ registers are added. Each missing entry can cost 18,000 XOF on the spot.
Who does the Labour Code apply to in Mali?
Mali’s Labour Code covers anyone who works for pay under an employer’s authority, whatever their nationality, where the contract was signed or what it is called (L.1, L.15). A sham consultant can be reclassified as an employee. Only civil servants, judges and the armed forces are excluded; public contract staff, apprentices and domestic workers remain covered. Foreign workers need an approved contract and a work permit.
Widowhood leave and pilgrimage leave
Widowhood leave, granted to a female employee for up to four months and ten days, and pilgrimage leave both suspend the contract without ending it, preserving the post and accrued seniority. The Code requires no payment, but the collective agreement, establishment agreement or company practice may provide for pay to be maintained.
Women’s work: prohibited tasks and hours, what the employer must comply with
In Mali, women do not work at night (9 p.m. to 5 a.m.) in industry, except in three cases: family business, management or technical post with responsibility, non-manual health service (L.186). They carry no more than 25 kg, and no load at all during pregnancy. Maternity leave is 14 weeks, with a paid breastfeeding hour for 15 months (L.179, L.184). Each offence is fined per employee (L.326, L.335).
Work-Related Accidents and Occupational Diseases (AT & MP)
Work-related accidents and occupational illnesses in Mali are covered by the INPS. The employer must provide medical care for the victim and report the incident within 48 hours. The employee receives medical care and benefits, funded by a contribution paid solely by the employer. APPM helps companies prevent, report, and track these cases.
Work: Working hours
In Mali, statutory working time is 40 hours per week, not per day (L.131). Each extra hour carries a minimum premium of 10% from the 41st to the 48th hour, 25% beyond, 50% at night, and 50% to 100% on the rest day (L.137). Overtime is capped at 18 hours per week, with the labour inspector’s authorisation. An unpaid hour can be claimed for three years.
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