Hire in Mali

A probationary period must be clearly outlined in writing and should encompass the following details:

• – The employee’s job title and professional classification
• – The duration of the probationary period (typically aligning with the notice period for contract termination but limited to a maximum of six months, including any renewal period)

In Mali, standard working hours amount to 40 hours per week, with any work performed beyond this threshold warranting additional compensation. However, agricultural enterprises adhere to an annual working hour limit of 2,352. While certain industries may deviate from the 40-hour weekly norm, they are compensated accordingly as per the standard.

In certain sectors, working hours may differ from the standard 40-hour week:

• – Security guards and firefighters: 56 hours weekly
• – Caretakers: Required to be on-site continuously, but entitled to a 24-hour rest period and two weeks of paid annual leave, along with statutory holidays
• – Wholesale and semi-wholesale trade, docks, shops, and general merchandise retail stores: 42 hours weekly
• – Cooks: 45 hours weekly
• – Pubs, cafes, restaurants, and hotels: 50 hours weekly
• – Hospitals, clinics, and similar establishments: 45 hours weekly
• – Hairdressing salons: 50 hours weekly
• – Domestic workers: 60 hours weekly

Depending on the timing and extent of overtime worked, employees are entitled to the following minimum premium rates:

On regular working days:

• – 10% for 41 to 48 hours worked
• – 25% for hours exceeding 48 in a week
• – 50% premium for night shifts

On non-working days:

• – 50% premium for daytime hours
• – 100% premium for nighttime hours

Employers in Mali have the option to request written permission from the local Labor Office to allow their employees to work up to 18 hours of overtime per week. This authorization is initially granted for a three-month period and may be extended upon request. It’s essential to observe that the maximum weekly overtime limit remains at 18 hours.

Employers are required to keep a duplicate copy of their employees’ pay stubs in a designated “payment register.” This record must not only detail compensation but also provide information on absences and their reasons (such as illness or work-related accidents), whether they were authorized or not.

The payment register must be meticulously maintained in chronological order, without any omissions, deletions, additions, or marginal notes.

Medical check-ups are legally required and must be conducted within three months following the end of the employee’s probationary period.

Following three years of uninterrupted service with the same employer, each employee becomes eligible for a seniority bonus. This bonus is determined as a percentage of the minimum wage corresponding to the employee’s classification group:

• 3% after three years of tenure
• 5% after five years of service
• with an additional 1% for each subsequent year of service, capped at a maximum of 15%.

The provision of a 13th-month salary is at the discretion of the employer and is not obligatory.

An indefinite-term contract can be terminated by either party, but written notice is required. Should an employer seek to terminate an employee with over three months of tenure, they must formally notify the Labor Inspectorate in writing, providing details about the employee, employer, and the grounds for dismissal. The Labor Inspectorate is then expected to respond within 15 days. If the employee contests the decision, they have the right to appeal to the Labor Tribunal, which effectively suspends the employer’s action.

Dismissals in Mali are categorized into two types: personal and economic. Personal reasons may include disciplinary issues, professional inadequacy, subpar performance, or health-related challenges. Economic reasons pertain to job elimination due to financial constraints, technological advancements, or organizational restructuring. Certain situations are protected from dismissal, such as workplace injuries, illnesses, termination of employee representatives, and dismissal of pregnant women.

The minimum notice period requirements vary based on the employee’s position and method of payment:

• – Eight days for workers compensated daily or weekly.
• – One month for those receiving a monthly salary.
• – Two months for supervisors and similar positions.
• – Three months for executives and managerial roles.

Should the employer fail to provide the stipulated notice period, they are obligated to offer compensation instead. The notice must be provided in writing and commences from the date it is issued. In cases of dismissal, the reason for termination must be clearly stated.

Throughout the notice period, whether due to dismissal or resignation, the employee has the option to take one day off per week to pursue alternative employment, provided they notify the employer in advance. These absence days are at the discretion of the employee and will not affect their salary. Additionally, the employee can request to schedule these days at the end of the notice period.

If an employee secures a new job after issuing half of the required notice, they have the right to inform the employer and depart from the company before the completion of the notice period without facing any penalties.

If termination or contract violation occurs due to force majeure, an employee with at least one year of continuous service is eligible for compensation separate from the notice period. This compensation is determined by calculating the monthly average of the employee’s earnings over the preceding 12 months and applying the following percentages:

• – 20% for each of the initial five years of service
• – 25% for each year from the sixth to the tenth (inclusive)
• – 30% for each year thereafter

These percentages may vary depending on the employer’s industry sector.

However, severance pay is not applicable if the dismissal results from gross misconduct by the employee.

In cases of resignation, an employee with a minimum of ten years of continuous service is entitled to a “rendered service” allowance. This allowance is calculated using the same method and conditions as described above for compensation in the event of termination or contract violation due to force majeure.

Data protection in Mali is regulated by two statutes: Law No. 2013-015 of May 21, 2013, concerning the Protection of Personal Data, and Law No. 2019-056 of December 5, 2019, addressing Cybercrime Repression.

The Malian data protection authority (APDP) is tasked with various duties, such as educating and guiding data subjects and controllers on their respective rights and obligations, ensuring adherence to regulations, and administering administrative penalties when necessary.

Employers are obligated to furnish employees with payslips containing the following details:

• Employer’s name, address, or official stamp.
• Employee’s name, address, and unique identification number.
• Payment date and corresponding period.
• Employee’s job title and category.
• Total gross compensation, encompassing base salary, bonuses, allowances, overtime, and non-monetary benefits.
• Itemized deductions, including legal obligations, refunds, taxes, and pension contributions.
• Net pay after deductions.

In Mali, employees earn annual leave at a rate of 2.5 days per month, accumulating to 30 days of leave annually. The entitlement to paid leave expands based on tenure:

• – An additional two days after 15 years of service
• – Four extra days after 20 years of service
• – Six supplementary days after 25 years of service

If an employee’s tenure is prematurely terminated before utilizing accrued leave, they are entitled to compensation for the accrued but untaken leave. However, ordinarily, annual leave cannot be substituted with monetary compensation.

Employees are entitled to sick leave upon submission of a medical certificate from a recognized medical practitioner. Sick leave may be granted for medical, dental, and vision appointments, or in cases where the employee has been exposed to a contagious illness that could endanger others. Sick leave is remunerated and is limited to a maximum of six months per year.

Maternity Leave

Women employed in Mali are entitled to 14 weeks of maternity leave, encompassing six weeks before and eight weeks after the anticipated date of childbirth. Should there be complications during delivery, this leave period may be extended for up to three additional weeks.

Expectant mothers meeting specific criteria, including having nine consecutive months of insurance coverage based on a minimum of 18 days or 120 hours of monthly work, and residing in Mali, qualify for maternity benefits under social insurance. These benefits amount to 100% of their final wages for the six weeks preceding the anticipated delivery date, as well as the subsequent eight weeks. In instances of childbirth-related complications, this benefit may be extended by up to three weeks.

Paternity Leave

Male employees in Mali are entitled to three days of paternity leave, funded by the government, which must be availed within 15 days following childbirth.

In Mali, public holidays are flexible and subject to adjustments based on circumstances. While there are 12 recognized official holidays, the government retains the discretion to declare additional national holidays as necessary throughout the year.