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Written Agreements

Burkina Faso's labor code acknowledges employment contracts in the form of written or oral agreements. A written employment contract must be in the local language, spelling out the terms of the employee’s compensation, benefits, and termination requirements. Offer letters and employment contracts in Burkina Faso must always state the salary and other compensation amounts in West African CFA francs rather than a foreign currency. While it is not necessary to conclude contracts for an indefinite duration in writing, in cases of labor agreements with a probation period, a written contract is compulsory.

Any clause that prohibits an employee from carrying out any work after the termination of an employment contract is considered abusive, and null and void in case of breach of contract by the employer. Any restriction on duration or geographical range that is not justified or essential for the safeguard of the employer's interests constitutes an abusive obstacle to the free exercise of employee's professional activity.

Oral Agreements

Oral agreements are allowable in Burkina Faso however, there are a few exceptions. A fixed-term employment contract must be concluded in writing otherwise the contract is considered permanent. Probationary periods must be outlined in a written contract and are not valid in an oral agreement.

Implied Agreements

In Burkina Faso, Agreements are binding not only when they are explicit but also when equity, custom, or the law creates an obligation. Therefore, an employment agreement may be implied based on the conduct of the parties involved.

In Burkina Faso, the regular working hours are 40 hours a week. This regulation applies to all legal work assigned to employees or unskilled workers, male or female, of any age, working temporarily, by task or by piece in public or private institutions. In the farms, the work hours are 2,400 hours the year.

Burkina Faso celebrates the following national holidays:

• New Year’s Day - January 1
• Anniversary of the 1966 coup d’état(Revolution Day) - January 3
• International Women’s Day - March 8
• Labor Day - May 1
• Independence Day - August 5
• Assumption - August 15
• All Saints Day - November 1
• Proclamation of the Republic - December 11
• Christmas - December 25
• Easter Monday - date subject to change every year
• Ascension Day - date subject to change every year
• Ramadan - date subject to change every year
• Day of Tabaski - date subject to change every year
• Maouloud - date subject to change every year

The probationary period may be renewed once and for the same duration which varies according to the category of employees:

• 8 days for employees with fixed hourly wages
• 1 month for employees other than executives
• 3 months for executive employees (executives, supervisors, technicians and similar staff)

Notice Period

In Burkina Faso, the notice period is as follows:

• 8 days for employees paid on an hourly or daily basis
• 3 months for executives, supervisors, engineers, technicians and similar employees
• 1 month for all other employees paid on a monthly basis

Group dismissals or layoffs require a minimum 30-day notice period. In such situations, the labor code requires that employees with the lowest level of skills and experience, and those hired last to be dismissed first. If the economic situation for a company improves within a 2-year period, released employees must be rehired.

Severance Benefits

Grounds for justified dismissal, which must be made in writing, include gross negligence, theft, or intentional damage to company property. Dismissal for all other reasons incurs mandatory severance payments. A worker is entitled to severance pay upon continuous employment for at least 1 year without any serious misconduct. Severance is not due if the employee permanently ceases service in order to benefit from the statutory retirement allowance.

Severance pay corresponds to a percentage of the overall monthly wages per year of service, pro-rated, as follows:

• 25% per year for the first 5 years
• 30% per year for the subsequent 5 years
• 40% per year after the 10th year

Minimum Wage

The Government of Burkina Faso is the sole governing body responsible for determining the minimum wage. All employers must pay employees a minimum of XOF 45,000 (West African CFA francs) per month, with a few notable exceptions. Minimum wages outlined in the Labor Act of 2008 excludes those who work as magistrates, militaries, civil servants, employees of the local government, and apprentices.

Salary is fixed by mutual agreement of employees and employers or collective agreements. Salary must be paid at regular intervals not exceeding 15 days for employees hired by the hour or day, and 1 month for employees hired monthly. Daily temporary employees must be paid at the end of the working day. Monthly payments must be made at least 8 days after the end of the month, and fortnightly payments must be made 4 days after the end of the period. Employees must be provided with payslips, and a payroll register must be maintained.

Overtime, Holiday & Vacation Pay

Workers can receive a minimum of 2.5 calendar days worth of paid time per month, translated to 30 days of leave in a year. This regulation is only enforced if it is more favorable than existing paid leave provisions for an employee. The duration of leave is increased by 2 days after 20 years of continuous service, by 4 days after 25 years of service, and by 6 days after 30 years of service.

In Burkina Faso, the hours of work done beyond the legal weekly duration (40 hours) entitle the employee to a salary increase. Every hour worked beyond the weekly legal limit is compensated as follows:

• 15% of compensation for each of the first 8 hours worked after the 40th hour or equivalent time
• 35% of compensation for each hour worked after the 48th hour or equivalent time
• 50% of compensation for each hour worked during the night on ordinary workdays
• 60% of compensation for each hour worked on Sundays or holidays
• 120% of compensation for each hour worked during the night on Sundays or holidays

Visas

A passport and visa (recommended to be obtained in advance) are required to enter the country:

• Short-stay visa - valid for 7 to 21 days, can be extended for up to 1 year
• Long-stay visa - valid for 1 year

Work Permits

Foreign workers who seek employment in Burkina Faso must obtain a work permit and a long-stay visa through their prospective employer. The employer must apply for a visa and a company letter (stating a specific mission), and confirmation of itinerary from a travel agent must be provided. If the employer fails to apply for the visa, the worker has the right to declare the nullity of the employment contract and claim damages and interests. The work permit is valid for 3 years.