Employment law
Equality at work
The principle is stated in one sentence, and admits no exception: every employer must ensure, for the same work or work of equal value, equal pay between employees, whatever their origin, sex, age, status or disability.
Three phrases carry the rule. "Same work or work of equal value": the comparison is not limited to identical posts. "Pay": base salary, but also bonuses and benefits. And "must ensure": this is an active obligation, not mere abstention. Labour Code, Article L.95 (French).
1. What equal pay covers
| Element | Does it enter the comparison? |
|---|---|
| Base salary for the grade | Yes |
| Bonuses and gratuities | Yes, where attached to the post or to output |
| Benefits in kind | Yes: housing, vehicle and domestic help are components of remuneration |
| Overtime premiums | Yes, at the same rates for the same work |
| Reimbursement of professional expenses | No: they offset a cost, they do not remunerate |
The third line is the most often neglected: a difference in benefits between two equivalent posts is a difference in pay, even if the payslips show the same base salary.
2. The grounds on which no distinction is permitted
The Code prohibits discrimination based notably on:
- race, colour, national extraction, social origin;
- sex;
- religion and political opinion;
- invalidity, disability;
- HIV and AIDS.
The last three come from the 2017 amendment: they expressly extend protection to health status in situations where exclusionary practices were documented. Law No. 2017-021, Article L.4 as amended (French).
What the rule does not prohibit: differentiating pay on objective work-related criteria, professional qualification, seniority, responsibilities, measured output. The difference must then be justifiable and documented, which presupposes written criteria applied consistently.
3. Specific restrictions under Malian law
Malian law maintains certain employment restrictions, notably the prohibition on employing women during night hours in industrial and manufacturing establishments. Labour Code, Article L.186 (French).
This is a restriction on assignment, not authorisation to differentiate pay: a woman and a man doing the same daytime work receive the same pay. Where a scheduling restriction applies, it is handled as a work-organisation constraint, not as a ground for a pay gap.
4. Sexual harassment
Equality at work is not limited to pay: it presupposes working conditions free of harassment.
An employee responsible for sexual harassment of a colleague may be the subject of a request for dismissal to the Labour Inspectorate, and may also face criminal proceedings. The two routes are independent: one addresses the employment relationship, the other the offence.
On the employer's side, preventing sexual and moral harassment is part of the company's disciplinary obligations. In practice this means three things: a written prohibition in the internal rules, an identified reporting channel, and effective handling of the reports received. See Internal rules.
5. How to check equality in your company
A simple review, to run once a year on payroll data:
| Step | What to examine |
|---|---|
| 1. Group the posts | By job and occupational category, including posts of equivalent value |
| 2. Compare total remuneration | Base salary, bonuses and benefits, not just the headline salary |
| 3. Identify the gaps | Within each group |
| 4. Document justified gaps | Seniority, qualification, responsibilities, measured output |
| 5. Correct unjustified gaps | Without waiting for a claim |
The fourth line matters most: a gap is not unlawful in itself; it becomes unlawful if it rests on no objective criterion. It is the documentation, more than the gap itself, that makes the difference in a dispute.
6. What may never appear in company documents
- A pay scale differentiated by sex, origin or age.
- A clause in the internal rules based on sex, family situation, or political or religious beliefs.
- A recruitment criterion referring to one of the prohibited grounds.
- A difference in benefits between equivalent posts with no objective justification.
Key takeaways
| The rule | What it implies |
|---|---|
| Same work or work of equal value, same pay | The comparison is not limited to identical posts |
| Pay includes bonuses and benefits | Not only base salary |
| A list of prohibited grounds | Origin, sex, age, status, disability, invalidity, HIV and AIDS |
| Objective gaps remain possible | Qualification, seniority, responsibilities, output, if documented |
| Sexual harassment opens two routes | A request for dismissal and criminal proceedings |
| Prevention falls on the employer | Written prohibition, reporting channel, effective handling |