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Labour law A-Z
Articles, practical guides and legal updates written by our experts.
A healthy disciplinary environment: seven conditions to put in place in your company in Mali
A healthy disciplinary environment rests on seven conditions: internal rules approved and explained from 10 employees, a lawful scale of sanctions with no fines, the same rule for everyone, a written procedure based on proven facts, staff delegates received every month, safety ensured by the employer and wages paid on time. Together, they make misconduct rarer and sanctions accepted.
Absence: the various grounds
An absence suspends the employment contract without ending it: the post and accrued seniority remain, while salary maintenance, maximum length and treatment towards leave vary by ground. The article lists the grounds for suspension set out in the Code, the ten days of exceptional permissions, and six questions to ask when handling any absence.
An employee dies: what does the employer owe the family?
When an employee dies, the employer pays the heirs the pay, bonuses and leave allowance accrued (L.157, L.162), plus a death benefit if the agreement provides one. A death from an occupational accident must be reported within 48 hours: INPS pays funeral costs and survivors’ annuities. Otherwise, INPS pays a survivor’s pension or allowance. A widowed employee may suspend her contract.
Authorised absence
The Labour Code distinguishes exceptional permissions, tied to family events and non-deductible from accrued leave up to ten days, from absences for personal convenience, which require management's agreement. The article sets out the particulars the written authorisation must state, the approval route, and the difference between authorised, justified and unjustified absence.
Benefits and allowances
Benefits fall into two categories, benefits in kind and reimbursement of actual expenses, separated by the question of who decides the spending. The article covers the prohibition on paying salary in kind, the 50% tax exemption conditional on the applicable ministerial order, and the most frequent payroll mistakes.
Business expenses: reimburse, don’t remunerate
Professional expenses are reimbursed: never deducted from salary, and never part of the contributions base.
Calculating overtime: base, thresholds and rates
Overtime: hourly rate over 173.33, a 40-hour threshold, premiums of 10 to 100%, unless the agreement does better.
Can an employee ask for a leave of absence for personal reasons?
A leave of absence lets an employee stop working for personal reasons for up to ten years, if the employer agrees: it is an exceptional measure at the employer’s sole discretion (L.59). During the period: no pay, contributions, seniority or leave. The Code does not regulate the return, so a written agreement is essential. An employee who does not return has not resigned (L.40).
Can an employee work elsewhere outside working hours? Yes, within three limits
An employee may work elsewhere outside working hours, unless the contract says otherwise, provided the activity does not compete with the company or harm their work (L.16). A memo is not enough to ban it. The employer penalises the abuse, not the second job: dismissal for a lawful second job is wrongful (L.51). The second employer checks hours, avoids poaching and registers the employee with INPS.
Can an employer require a deposit from an employee?
An employer may require a deposit, but the employee must pay it into a special savings bank passbook, handed to the employer against a certificate of deposit and recorded in the employer’s register (L.126 to L.129). Building it through payroll deductions is prohibited (L.121) and punishable by a fine (L.321). No withdrawal without the employee’s consent or a court decision.
Can you hire a minor in Mali?
In Mali, no child may work before 15, even as an apprentice, except by ministerial order (L.187): the lower ages in the 1996 decree are not enough. From 15 to 18, written parental consent (L.14), a medical examination and a declaration to ANPE within 15 days are required. Young workers work 8 hours a day at most, never at night, with limited loads and no dangerous machinery.
Changing pay, job or workplace: what if the employee refuses? Propose, never impose
Pay, working conditions, place of work and job are substantial: the employer may propose changing them, not impose it (L.58). Once accepted, the change only applies after a period equal to notice, one month at most. A refusal is not misconduct: the employer keeps the contract or dismisses, with notice and severance, under the economic procedure where applicable (L.46). Abuse requires an intention to harm or culpable recklessness.
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