COUNTRY

Written Agreements

In Mali, a fixed-term employment contract must be recorded in writing. In the absence of a written agreement, contracts are presumed to be concluded for an indefinite period. Temporary work contracts must be in writing. Provisions for the trial period must also be included in writing.

Fixed-term contracts must be drawn up in three copies if their duration is greater than three months. The copies shall be distributed as follows: one for the employer, one for the employee, and one for the Labor Inspector. Contracts for foreign employees must be written (in French) and include details on the employee's and employer's identification, address, nature of job, remuneration, paid leave, and other benefits.

In the case of indefinite term contracts, employers must provide a written letter of employment specifying the specific employment conditions, such as work schedule, weekly rest, remuneration, and, where applicable, benefits in kind.

Oral Agreements

Mali's Labor Code states that contracts may be written or oral. Fixed-term and temporary contracts must be made in writing. In addition, employment contracts for foreign employees must be made in writing. If the contract is not in writing, its existence may be proven by any means.

Implied Agreements

Mali's Labor Code recognizes contracts made in any form, and Mali's Code of Obligations details circumstances under which an employment contract may be implied.

The existence of a contract can be proven by any means.

In Mali, normal working hours are 40 hours per week. Daily working hours are not clearly specified. However, on farms, working hours are set at 2,352 hours per year. In agricultural enterprises, the statutory working time may not exceed 48 hours per week.

In certain situations, working hours may be increased beyond the standard limits because of the intermittent nature of work. In such cases, the working hours cannot exceed 260 hours per month.

New Year’s Day (January 1), Armed Forces Day (January 20), Martyrs’ Day/Democracy Day (March 26), Easter Monday (date may vary), Labor Day (May 1), Africa Day (May 25), Korité/End of Ramadan (date may vary), Tabaski/Feast of Sacrifice (date may vary), Independence Day (September 22), Prophet Muhammad’s (PBUH) Birthday/Mawloud (December 1), Baptism of the Prophet Muhammad PBUH (December 8), Christmas Day (December 25).

Mali's Labor Code provides annual leave to an employee after 12 months of service. The duration of the annual leave is determined at the rate of 2.5 days per month of service during the course of the reference period, which is 30 calendar days per year, including non-working days. The duration of annual leave increases with the length of service in the enterprise. The remuneration to be paid during the annual leave is equivalent to 1/12th of the total remuneration received over the 12-month period.

Young workers and apprentices under 18 years are entitled to a minimum leave of 24 days, and workers between 18 and 21 years are entitled to a minimum of 21 days, even if the length of their service is less than 12 months.

Annual leave can be deferred by not more than 2 years, provided that the employee enjoys at least 8 days of leave in the first year.

In Mali, an employee is entitled to sick leave upon presentation of a medical certificate approved by the employer, in which a doctor stresses the need for leave. Sick leave pay may vary as follows:

• 100% of the employee's earnings are paid during the first year of employment for 8 days to 3 months, depending on the collective agreement or the type of employment
• 50% of the employee's earnings for up to an additional month are paid from the second year of employment and beyond

In Mali, female employees are entitled to 14 weeks of maternity leave upon presenting a properly documented request after 9 months of continuous service with an employer. Leave includes 6 weeks of prenatal and 8 weeks of postnatal time off. Of the 14 weeks, 7 weeks (3 weeks prenatal and 4 weeks postnatal) are compulsory. If birth happens before the expected date, the leave is extended until the 14 weeks have been used. Maternity leave can be extended by up to three weeks in case of medical complications if certified by a medical certificate.

Employees are entitled to full salary plus benefits in kind during maternity leave. During extended maternity leave, the national social security system, INPS, continues salary payments. The employer pays no salary or allowances in these circumstances. It is prohibited to employ pregnant employees in jobs harmful to their health or in night work.

In Mali, employees are entitled to 3 days of fully paid paternity leave upon a child's birth. This leave can be taken consecutively or separately, but it must be taken within 15 days of the child's birth. The benefit is not provided for a stillborn child. Employees must inform their employers 24 hours prior to the leave (at the latest) that they intend to avail themselves of paternity leave.

Minimum Wage

The Interprofessional Minimum Guaranteed Wage (SMIG) was last set in 2015 for agricultural and non-agricultural sectors as follows (effective from January 1, 2016):

• Hourly rate - XOF 230.77 (West African CFA francs)
• Monthly rate - XOF 40,000
• Wages for piece-rate work or task-work are calculated so that a worker of average ability can procure a salary at least equal to that of a regular employee performing similar work.

Mali's Labor Code requires salary to be paid at regular intervals not exceeding 15 days for employees engaged in daily or weekly basis, or 1 month for employees hired on fortnightly or monthly basis. Monthly payments must be made no later than 8 days after the end of the month which gives the right to salary.

Overtime, Holiday & Vacation Pay

All work performed beyond the legal regular working time, in the absence of a collective agreement or enterprise agreement, entitles an employee to the following minimum premium rates depending on the time and hours of overtime:

Working days:

• 110% of the employee's regular hourly wage for work performed during hours 41 to 48
• 125% of the employee's regular hourly wage for work performed beyond 48 hours
• an additional 50% of the employee's regular hourly wage if it is performed during the night

If overtime is performed on non-working days, it is paid at a premium of 150% of the employee's regular hourly wage if performed during the day and 200% if performed during the night.

Notice Period

In the absence of collective agreements or decrees, the duration of the notice period is as follows:

• 8 days for staff paid by the day or week
• 1 month for employees paid monthly
• 2 months for supervisors and assimilated employees
• 3 months for executives and managers

The notice period cannot be less than 15 days for employees who have worked for less than 6 months and 1 month for employees who have worked for more than 6 months.

The contract may be terminated without notice in the event of gross negligence and is subject to a competent court's discretion. The notice period can be waived by paying compensation equal to the remuneration and benefits of any kind that the employee would have received during the notice period. The notice must be provided in writing.

Severance Benefits

In Mali, in the event of dismissal or breach of contract in case of force majeure, an employee who has completed a continuous service period of one year in the undertaking is entitled to an indemnity separate from the notice period. This severance allowance is paid as a percentage of the monthly average of the remuneration received during the last 12 months as follows:

• 20% for each of the first 5 years of work
• 25% for each year from 6th to 10th year inclusive
• 30% for each year beyond the 10th year

Collective agreements can arrange for higher rates of severance benefits. Severance benefits are not payable if the dismissal is based on gross negligence on the part of the employee. Severance is also paid if an employee resigns after 10 years of service.

Pension

In Mali, an employee is entitled to pension rights at the age of 58 years with at least 13 years of contributions. This age is reduced to 53 years for those who are declared medically unfit. For each child born, a woman’s retirement age is reduced by 1 year. Self-employed persons become eligible for pension at 60 years if they have paid at least 15 years of voluntary contributions.

The pension amount depends on the employee's average salary in the last 8 years before retirement and the number of years of contributions. There are provisions for early pension at the age of 53 years with at least 13 years of contributions and at age 55 with at least 15 years of contributions if voluntarily insured. The amount of early pension is reduced by 5% for each year the pension is taken before age 58 or age 60 if voluntarily insured. The minimum pension amount is XOF 44,397 (West African CFA francs).

For people who have reached 53 years of age with at least 6 years of coverage and at age 60 with at least 10 years of coverage if voluntarily insured, an old-age allowance is paid. The allowance is 52% of the legal monthly minimum wage payable each month.

Dependents/Survivors Benefits

In Mali, survivors of the deceased employee are entitled to a pension if the deceased received or was entitled to receive an old-age, disability, or early retirement pension at the time of death. Eligible survivors include a widow(er) married to the deceased for at least 2 years and dependent orphans younger than age 14 (18 years for apprentices and 21 years for students and disabled individuals). Pension is 50% for a spouse and 10% for each child. These benefits are paid from contributions paid by both employees and employers.

If an insured employee dies due to a work accident or disease, the surviving spouse is entitled to 30% of the deceased employee's pension, the first child is entitled to 15% of the pension, 2 children receive 30% and 3 children receive 40% of the pension. Dependent parents are entitled to 10% of the pension each. Employers pay these benefits.

Invalidity Benefits

An insured employee is eligible for a disability pension if they have a disability of more than 66.7% and have paid contributions for at least 8 years. The amount of disability pension is calculated as 26% of the insured's average monthly earnings in the last 8 years plus 2% of average monthly earnings for each 12-month period of coverage exceeding 120 months, up to 80% of the average salary. These benefits are paid from contributions paid by both employees and employers.

Employees who become disabled due to work accidents or diseases are eligible to receive benefits under Work Accidents and Diseases Insurance. In case of temporary disability, 100% of the insured worker's last earnings are paid monthly from the day after the disability began until full recovery or certification of permanent disability. For total permanent disability, 100% of the insured worker's earnings from the last year are paid as a pension. In the case of partial permanent disability, the pension is proportional to the degree of disability. Employers pay these benefits.