Employment law
Open‑ended contract (CDI): probation period, changes, and termination
An open-ended contract is not a frozen contract. Roles evolve, pay changes, responsibilities broaden, and the question then becomes: how far can an employer change the contract without the employee's agreement?
The Labour Code answers by distinguishing what belongs to the organisation of work from what touches the contract itself. That boundary shapes the whole life of an open-ended contract, from probation to termination. On the general features of the contract, see The open-ended employment contract (CDI) in Mali.
1. Is probation automatic?
No, and this is the most common mistake. Probation must be expressly stipulated in writing. It cannot be inferred from the fact that an employee has just been hired, from an oral mention, or from company practice.
The writing must state the employee's job and occupational category, together with the length of the probation. That length is in principle equal to the applicable notice period; it may be longer, within a limit of six months, including renewal.
Two practical consequences:
- The length depends on the occupational category, not on qualifications. The classification used and the collective agreement must therefore be checked.
- Without writing, there is no probation. Termination during the first weeks then falls under the dismissal regime, with grounds, procedure and compensation.
Law No. 2017-021, Article L.30 as amended (French).
2. Does an open-ended contract need renewing?
No. It continues without periodic renewal: that is its very definition. Having an employee in post sign a "new contract" each year adds nothing and creates confusion about seniority, which runs without interruption.
What gets formalised is not continuation, it is change. And the instrument for that is an amendment.
3. What is a substantial modification?
The Code identifies the elements whose modification touches the contract itself:
| Element | Example of a substantial modification |
|---|---|
| Pay | A reduction in remuneration or the removal of a contractual bonus |
| The job held | A change of position or level of responsibility |
| The place of work | An assignment to another city |
| Working conditions | A significant upheaval of hours or working arrangements |
These elements cannot be changed unilaterally: they require the employee's agreement, formalised in an amendment.
By contrast, adjustments falling within the employer's managerial authority (allocating tasks within the same role, reorganising a department, changing a work tool) do not require that agreement. The whole difficulty lies in placing the proposed measure on the right side of the boundary. Law No. 2017-021, Article L.58 as amended (French).
4. What if the employee refuses?
This is the decisive point, and it is often poorly anticipated. Refusing a substantial modification is not misconduct: the employee is exercising a right.
The employer retains the option of ending the contract, but that termination is attributable to the employer. It is therefore treated as a dismissal: it requires a legitimate ground, compliance with the procedure, notification of the labour inspector, notice and the corresponding compensation.
Two false solutions to avoid:
- Rewriting the contract entirely does not substitute for the missing agreement. A contract redrafted unilaterally does not bind the party who did not sign it.
- Applying the change and waiting does not amount to acceptance. Continuing to work under protest is not consent.
5. How should an amendment be drafted?
A useful amendment fits in a few lines, but it must be precise on four points:
| What it must state | Why |
|---|---|
| The modified clauses, one by one | Removes uncertainty about the scope of the change |
| The application date | An amendment with no effective date creates payroll disputes |
| What remains unchanged | Confirms that the other clauses of the original contract still apply |
| Both parties' signatures | It is the agreement, not the writing alone, that makes the change enforceable |
Example: a promotion with a pay rise is formalised in an amendment describing the new duties, the new classification, the remuneration and the date on which it all takes effect.
6. Is an open-ended contract easy to end?
This is a stubborn misconception, and an expensive one. It can be ended, yes, but each route has its requirements:
| Route | What it requires |
|---|---|
| Resignation | A clear notification from the employee, and the applicable notice period |
| Dismissal | A legitimate ground, the procedure, notification of the labour inspector, notice |
| Termination by agreement | A written protocol, freely consented to, with compensation at least equal to statutory severance pay |
In a dispute, the burden of proving the legitimate ground lies with the employer. Before any decision, four points must be examined: the ground, the procedure, the notice period and the financial settlement. Details are set out in CDI: termination rights. Labour Code, Articles L.40 and L.51 (French); Law No. 2017-021, Article L.50 bis (French).
Key takeaways
| The rule | What it implies |
|---|---|
| Probation must be written to exist | Without writing, termination falls under the dismissal regime |
| Six months of probation maximum | Including any renewal |
| An open-ended contract is not renewed | Changes get formalised, continuity does not |
| Pay, role, place and working conditions are substantial | They cannot be changed unilaterally |
| Refusing a change is not misconduct | Any resulting termination is attributable to the employer |
| The amendment records the agreement | Modified clauses, effective date, what remains, signatures |