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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).

In Mali, under the Labor Code, a trial period must be expressly stated in writing. Contracts must include the employment and the professional category of the employee and the length of the trial period.

The duration of a trial period is usually equal to the notice period required to terminate a contract but is limited to a maximum of 6 months, including renewal. Any domestic employee can be subject to a fixed duration trial period of one month, renewable once.

An employment contract can be terminated without notice period during the probationary period.

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.

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.

Visas

• Transit - issued to foreign nationals going to another country via Mali
• Business - issued to foreign nationals traveling for business for up to 90 days
• Tourist - issued to foreign nationals visiting Mali for tourism purposes (valid for stay up to 90 days)
• Diplomatic or official or missionary - issued to foreign nationals visiting Mali for diplomatic or official purposes

Work Permits

Foreign nationals who come to Mali intending to settle, engage in a permanent gainful activity, or practice a profession are considered immigrants and require a residence permit. They are allowed to enter with a business visa. Moreover, they must apply for a residence permit within 15 days of entering Mali. This residence permit is valid for a maximum of one year from the date of issue. It is renewable.

These foreign nationals must submit an employment contract attested by the National Directorate of Labor.