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Ministerial Order Establishing Rules for the Implementation of Certain Provisions of the Labor Code (Dec. 27, 2024)
MINISTRY OF LABOR, 1>1 CIVIL SERVICE, AND SOCIAL DIALOGUE
Misconduct in the company
Ordinary, serious or gross misconduct: three degrees, three financial outcomes, and one costly error on fixed-term contracts.
Negotiated Termination: Parting by Mutual Agreement, Without the Agreement Turning Against You
Since 2017, an employer and an employee on an open-ended contract may end it by mutual agreement through a written agreement, without notice. Consent must be free: no pressure, with possible assistance from a delegate or colleague, or the termination is void. The payment may not be lower than the statutory severance payment. A copy goes to the labour inspectorate; no approval is needed.
Night work: which hours, who may work at night, what premium?
In Mali, night work is work between 9 p.m. and 5 a.m. (L.141). The Code only adds a premium to night overtime: 50% on weekdays, 100% on non-working days (L.137); a premium for normal hours depends on the agreement. Women may not work at night in industry, except in specified cases (L.186), nor may under-18s. Guards are subject to a 56-hour equivalence.
Non-occupational illness or accident
Non-occupational illness or accident suspends the contract for up to six months, with compensation borne by the employer on a scale tied to seniority and the category's notice period. The employee must notify immediately, justify beyond three working days and accept a medical check, and a decision is required once the six months elapse.
Notice periods in Mali: length, form and rights during notice
In Mali, ending an open-ended contract requires written notice stating the reason, running from the day the letter is handed over; the employer must also inform the labour inspector. Absent a collective agreement, notice lasts 8 days, 1 month, 2 months or 3 months by category, and only gross misconduct removes it. The employee keeps full pay and may take one day a week to look for work. Notice not served is paid in full, bonuses and benefits included.
Occupational disease: how is it recognised and reported? The table, the exposure and 48 hours
A disease is presumed occupational if it appears in a table, after habitual exposure to the risk covered and within the set period (SSC 139). The employer reports it within 48 hours to the INPS and the inspectorate (L.176, SSC 71); outside the annual check-up, the victim has 15 days (SSC 141). Without a timely report, the employer pays medical care and daily allowances (SSC 239). Dismissal for unfitness requires the inspector’s opinion.
Occupational doctor in Mali: what the employer must organise, and what it must do with it
Every Malian employer must provide a medical service for its employees, by joining the inter-company medical centre set up by the INPS in its locality. The pre-employment visit takes place before the end of probation, the periodic visit at least once a year, and the return-to-work visit after more than three weeks off. The employer must take the occupational doctor's opinions into consideration. Every occupational accident must be reported within 48 hours.
Occupational illness or accident: the employer's obligations
Following a workplace accident or occupational disease, the employer must give immediate aid and report to the INPS within 48 hours, failing which it bears the cost of compensation itself. The INPS compensates the victim throughout the incapacity, without the six-month limit applying to non-occupational conditions.
Old-age retirement in Mali
The retirement pension requires thirteen years of contributions and age 53 (Social Security Code, art. 143); it is due without reduction at 58, or from 55 completed years (art. 144). It equals 2% of average pay over the last eight years per year contributed. In the private sector, the contract ends at 58 (categories B to E) or 60 (category A), with a retirement payment calculated like severance pay (Labour Code, art. L.60 and L.55).
Open‑ended contract (CDI): probation period, changes, and termination
This article explains the rules governing probation, substantial changes to an open-ended employment contract and their formalisation through an amendment in Mali. It outlines employees' rights when refusing a change and the requirements applicable to the different routes to termination.
Optimizing Payroll Costs
Optimizing payroll costs means paying fairly and structuring payroll to reflect reality. The key factors: compliance, proper job classification, actual expenses, preventive measures to reduce the workers’ compensation and occupational disease rate, tailored contracts, and time management. False optimizations create risk, not savings. Contact us…
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