Mali - Law n°1992-20 of 18 August 1992 on the Labour Code Code

[NB - Law n°1992-20 of 18 August 1992 on the Labour Code (JO 1992-08-sp)
Amended by:
 Law n°2003-37 of 30 December 2003 amending the Labour Code (JO 2004- 01)
 Law n°2011-79 of 29 December 2011 amending the Labour Code (OJ 2011- 52) 52)
 Act n°2017-21 of 12 June 2017 amending Act n°92-020 of 23 September 1992, as amended, on
the Labour Code 1992, as amended, on the Labour Code in the Republic of Mali (JO 2017-27)
 Law n°2019-025 of 05 July 2019 amending Law n°92-020 of 23 September 1992, as amended, on
the Labour Code in the Republic of Mali (JO 2017-27) September 23, 1992, as amended, on the
Labour Code in the Republic of Mali (JO 2019-21)]
Title 1 - General provisions
Art.1 - This law governs labour relations between workers and employers carrying out their
professional activity throughout the Republic of Mali.
A worker is considered to be any person, regardless of sex or nationality, who has undertaken to carry
out his or her professional activity, against remuneration, under the direction and authority of another
person, whether natural or legal, public or private, secular or religious, called an employer.
For the determination of the status of worker, no account shall be taken of the legal status of the
employer or the worker. status of the employer or the worker.
Civil servants, magistrates and members of the armed forces are formally excluded from the
application of these provisions. from the application of the present provisions.
Art. 2 - The provisions of the present law are automatically applicable to current individual contracts.
contracts in progress. They may not be a cause for breach of contract nor may they lead to the
reduction of benefits of any kind, whether individual or collective. reduction of benefits of any kind,
individual or collective, acquired by workers in service on the date of in service on the date of their
publication.
Art. 3 - For the purposes of the present Code, an enterprise is understood to be an organization with a
specific legal form, individually or collectively owned, employing workers under the authority of a
body invested with the power of management and having as its object a common activity of a
generally economic nature, intended for the production or sale of goods or the provision of or the
provision of specific services.
 The enterprise may comprise one or more bodies
Each workplace is a technical unit made up of a group of people working together in a particular place
under the same authority.
people working together in a given place under the same directing authority.
director.
 A single, independent establishment constitutes both an enterprise and an establishment.
 The establishment may comprise only one worker.
Art.4 - (Law n°2017-21) The right to work and to training is recognized to every citizen, without any
discrimination. The State shall make every effort to help them find a job and to keep it when they have
obtained it. to find a job and to keep it once they have obtained it. The State shall ensure equality of
opportunity and treatment of citizens in employment and access to vocational training, without
distinction origin, race, sex and religion.
Discrimination shall be understood to mean
1) any distinction, exclusion or preference based on race, color, sex, religion, political 1) any
distinction, exclusion or preference based on race, color, sex, religion, political opinion, national
extraction or social origin which has the effect of (1) any distinction, exclusion or preference
based on race, color, sex, religion, political opinion, national extraction or social origin which
has the effect of nullifying employment or impairing equality of opportunity or treatment in
respect of employment or vocational training vocational training;
2) any other distinction, exclusion or preference which has the effect of nullifying or impairing
(2) any other distinction, exclusion or preference which has the effect of nullifying or impairing
equality of opportunity and treatment in employment and vocational training.
In particular, any discrimination on the basis of criteria such as disability, handicap disability,
HIV and AIDS.
However, distinctions, exclusions or preferences based on the qualifications required for a
particular job are not for a particular job are not considered discrimination.
Nor shall the above provisions preclude temporary measures taken for the purpose of the
purpose of establishing equal opportunities for men and women, in particular as regards
conditions of access to employment, training and further training.
Art.5 - In companies, workers have the right to express themselves on the content, the conditions of
exercise and the conditions of exercise and organization of work through the institutions representing
the workers. institutions representing the workers.
Art. 6 - (Law n°2017-21) Forced or compulsory labor is absolutely prohibited. No one may resort to
it:
1) as a measure of coercion or as a sanction against persons having 1) as a measure of coercion or
punishment of persons who have expressed political opinions;
2) as a measure of labor discipline;
3) as a measure of social, racial, national or religious discrimination;
4) as a method of mobilizing and using labor for economic development. economic development.
The term "forced or compulsory labor" means any work or service which is exacted from any person
under threat of any penalty, and for which the individual has not offered him/herself voluntarily
willingly
However, the term "forced or compulsory work" does not include
 any work or service required under military service laws and assigned to work of a military
character;
 any work or service required of an individual as a consequence of a conviction pronounced by
the judicial authority;
 any work or service required of an individual in the event of war, disaster and circumstances
endangering or likely to endanger the lives or normal living conditions of all or part of the of the
whole or part of the population;
 community service as defined by the laws on civic obligations civic duty laws;
 any community service required of an individual as a consequence of a
sentence pronounced by the judicial authority.
Title 2 - Labor relations
Chapter 1 - Apprenticeship and training
Section 1 - Apprenticeship contracts
Art. 7 - (Law n°2017-21) The apprenticeship contract is a special type of employment contract by
which an employer undertakes, in addition to the payment of an apprenticeship allowance
apprenticeship allowance, to provide methodical and comprehensive vocational training, provided in
the company and possibly in a vocational training center, to a young worker who in return undertakes
to work for that employer for the duration of the duration of the contract.
The apprenticeship contract must be recorded in writing and one of the copies deposited with the
apprenticeship contract must be in writing and one of the copies must be deposited with the labor
inspectorate in whose jurisdiction the apprenticeship is to take place.
If these two formal requirements are not met, the contract is considered to be a contract of
employment of contract of employment for an indefinite period.
The other formal and substantive conditions, the effects of the apprenticeship contract, the cases and
consequences of its termination, the measures to be taken to ensure the consequences of its
termination, measures to monitor its performance, relief from social security contributions and the
categories of enterprises in which a percentage of apprentices will be imposed. of the apprenticeship
contract, the cases and consequences of its termination, they are fixed by decree.
Art. 8 - (Law n°2017-21) The apprentice, whose apprenticeship period is over, shall take an
examination before the body examination before the body designated for this purpose by joint order of
the Minister in charge of labor and the Minister in charge of vocational training.
The apprentice, who has passed the examination, shall be issued with a certificate of professional
qualification professional qualification.
Section 2 - Training and internships
Art. 9 - The employment contract, or subsequently an amendment to this contract, may provide for a
vocational training or an internship. The objectives and duration of the training course or internship as
well as the remuneration must be expressly must be expressly stated.
At the end of the training period, the employment contract continues, unless the training was not
successful. training has been unsuccessful.
In the context of traineeships, unemployed young graduates may be offered a special type of
employment contract called a employment contract of a special type called "qualification contract".
All such contracts or amendments must be in writing.
A decree will determine the modalities of application of the present article.
Art. 10 - Unpaid leave for education or trade union training may be granted to workers at their granted
to workers at their request. These periods of leave shall be treated as periods of actual work for the
calculation of periods of actual work for the calculation of paid leave, the right to family benefits and
the calculation of seniority. and the calculation of the worker's seniority in the company.
Art.11 - Training leave is granted to workers designated to follow training or further training courses
included in the training courses included in the training plan of the company in which they work. the
company in which they work. The duration of such leave may not be deducted from the annual leave
and shall be treated as a period of work for the purpose of determining the annual leave entitlement of
the persons concerned. It shall also be taken into account for the calculation of the worker's seniority
in the undertaking.
Subject to more favorable contractual or conventional provisions and to the regulations regulatory
provisions laying down the conditions of remuneration for traineeships abroad, employees’ benefit, for
the duration of the training period, from the maintenance, at the employer's expense their previous
remuneration and the benefits attached thereto.
Art. 12 - When the worker benefits from professional training or further training involving expenses
borne by the employer, it may be stipulated that the worker shall be required to remain in the service
of the employer for a minimum period of time in relation to the cost of the professional training or
further training, but which may not, in any case, exceed four years. This agreement shall be recorded
in writing and shall be immediately filed with the labor inspectorate. A worker who fails to comply
with this obligation shall be required to reimburse the expenses incurred by the employer for training
and further training, in proportion to the period not worked in relation to the total minimum service
time stipulated in the agreement.
Chapter 2 - Employment contracts
Section 1 - Generalities
Art. 13 - The individual work contract is the agreement by virtue of which a person undertakes to
place his professional activity for remuneration under the direction and authority of another authority
of another person called the employer.
Art.14 - Contracts are freely concluded.
However:
 1° A contract of employment concluded with a minor is only valid if his or her engagement has
been authorized in writing by the father or, failing that, the person with paternal authority and if
the minor is not subject to compulsory education,
 2° A decree may, according to economic, demographic, social or health or health requirements,
prohibit or limit the possibilities of recruitment by companies or organize compensation in terms of
manpower between regions.
Art. 15 - Regardless of the place of conclusion of the contract and the residence of either party, any
contract of employment party, any employment contract concluded for execution in the Republic of
Mali is subject to the provisions of subject to the provisions of this law.
Its existence is established, subject to the provisions of Article L.26, in the forms that it is appropriate
for the contracting parties to adopt. Proof may be provided by any means. means.
The written contract is exempt from all stamp and registration duties.
Art. 16 - The worker owes his entire professional activity to the company, unless otherwise stipulated
in the contract. stipulated in the contract.
However, he may, unless otherwise agreed, carry out any activity of a professional nature outside of
his working hours any activity of a professional nature, which is not likely to compete with the
company or to hinder the good performance of the agreed services.
Art. 17 - Any clause in a contract prohibiting the worker from carrying out any activity at the end of
the contract is null and void.
However, it may be stipulated by agreement between the parties that in the event of termination of the
contract by the worker, or dismissal for gross negligence, the worker may not, for a period of six
months maximum and within a radius of 15 kilometers from the place of employment, engage in any
activity likely to compete with the employer by drawing on methods or using any information
acquired in the establishment. information acquired in the establishment.
Section 2 - Nature, conclusion and performance of the contract
Subsection 1 - Nature of the contract
Art.18 - A fixed-term employment contract is a contract whose duration is specified in advance
according to the will of the parties.
An employment contract concluded for the performance of a specific work or the realization of an
undertaking whose duration cannot be undertaking, the duration of which cannot be precisely
estimated in advance, is considered to be a fixed-term contract.
A contract whose term is subject to a future and certain event, the date of which is not is not exactly
known, is also considered as a fixed-term contract.
Art. 19 - Any employment contract that does not meet the definitions of a fixed-term contract, an
apprenticeship contract, a contract, apprenticeship contract, qualification contract or trial contract must
be Art. 19 - Any employment contract which does not meet the definitions of a fixed-term contract, an
apprenticeship contract, a qualification contract or a trial contract must be considered as a contract of
indeterminate duration.
Subsection 2 - Fixed-term contracts
Art. 20 - (Law n°2017-21) A worker may not renew a fixed-term contract with the same undertaking
more than twice. twice with the same undertaking. The initial contract does not count as renewal. The
continuation of services outside the case provided for in the previous paragraph constitutes by right the
execution of a contract. the execution of an employment contract of indefinite duration.
The above provisions shall not apply to
1) to workers hired by the hour or by the day for short-term employment 1) a worker hired by the hour
or by the day for a short-term occupation not exceeding one day;
2) to seasonal workers hired for the duration of an agricultural, commercial, industrial or artisanal
campaign.
3) to a worker hired to supplement the workforce in order to carry out work arising from an increase
in the activity of the enterprise;
4) to a worker hired to temporarily replace a worker in the company who has been legally suspended
from his or her employment contract;
5) to workers in companies in a sector of activity in which it is customary not to have recourse to a
contract of indefinite duration due to the nature of the activity carried out by the worker by the worker
and the temporary nature of this employment. The list of these sectors of activity or these jobs referred
to in point 5 of the previous paragraph is fixed by order of the Minister of Labor.
The conditions of employment of the above-mentioned workers and the modalities of application of the
of this article are fixed by decree.
Art. 21 - The fixed-term employment contract must be in writing. In the absence of a writing, it is
presumed to be concluded for an indefinite period.
A fixed-term contract may not be concluded for a period exceeding two years.
A fixed-term contract concluded for the performance of a specific work is not subject to the above-
mentioned maximum limit but, in this case, it may not be renewed.
A fixed-term contract of more than three months' duration must be filed by the employer with the local
labor inspectorate before the contract begins to be executed.
Art. 22 - The purpose of a fixed-term employment contract cannot be to fill a job related to the normal
and permanent activity of the company on a permanent basis.
Art. 23 - It is forbidden to use a fixed-term contract in the six months following a redundancy for
economic reasons with regard to the posts eliminated as a result of this redundancy, except in the case
of a contract of employment for a fixed term. following this dismissal, unless the duration of the
contract, which cannot be renewed, does not does not exceed three months.
Art. 24 - When the contractual labor relations are not continued at the end of a fixed-term contract, the
worker shall be employment contract, the worker is entitled, by way of additional salary, to an
indemnity intended to compensate for the to an indemnity intended to compensate for the
precariousness of their situation. The rate of this allowance, calculated on the basis of the amount of
the total gross remuneration due to the worker for the duration of the contract, shall be fixed by
collective labor agreement or agreement, failing which the minimum rate is set by decree.
This allowance is not due:
 a) in the cases referred to in paragraphs 1, 2, 4 and 5 of Article L.20;
 b) in the event that the worker refuses to accept the conclusion of a contract of employment of
indefinite duration to occupy the same similar job with at least equal pay at least equal;
 c) in the event of early termination of the contract due to the worker's initiative or gross
misconduct.
Art. 25 - A fixed-term contract may only be terminated prematurely in the event of Art. 25 - A fixed-
term contract may only be terminated before its term in case of gross negligence, agreement of the
parties in writing or force majeure.
Failure by the employer to comply with the provisions of the preceding paragraph entitles the worker
to damages equal to the remuneration he would have received until the end of the contract.
Subsection 3 - Approval of the employment contract
Art.26 - (Law n°2017-21) Any employment contract requiring, on the part of the employer the
installation of workers outside the locality where they reside at the time of the conclusion of the
contract, must, after a medical examination of the workers, be recorded in writing and filed with the
regional labor inspectorate of the place of performance for its opinion.
The contracts of foreign workers shall, in all cases, be recorded in writing and submitted to the
National Labor Directorate for approval, accompanied by a work permit the context and conditions of
issuance of which are fixed by order of the Minister in charge of in charge of Labor.
Foreigners recruited locally are not considered expatriates.
During the first two years of permanent residence in the territory, a national of a foreign State may
only engage in salaried activity under a fixed-term contract, unless contract, unless otherwise provided
for in a reciprocity agreement with that State. reciprocity agreement concluded with that State.
Art. 27 - The contracts mentioned in Article L.26 must be drawn up in French, drawn up in four
copies and contain the following information
 the surname, first names, sex, date and place of birth, filiation, residence, profession and
nationality of the worker;
 the surname, forenames or company name and address of the employer.
 Where the place of employment is different from the worker's place of residence:
- (a) the place from which the worker travels, at the employer's expense, to the
place of employment;
- (b) the place where the worker is entitled to go on statutory leave and to be repatriated at the end
of the contract to the place of employment (b) the place where the worker is entitled to go on
statutory leave and to be repatriated at the end of the contract at the employer's expense;
 the nature and duration of the contract;
 the job(s) the worker will be called upon to do, as well as the place(s) where he will be called to
serve;
 the classification of the worker in the professional hierarchy, his salary and its accessories;
 the reference to the collective agreement applicable to the parties or, in the absence of a
collective the reference to the collective agreement applicable to the parties or, in the absence of a
collective agreement, the reference to the regulatory text governing the profession;
 the modalities of application of the legal provisions concerning travel and transport when the
transport where the collective agreement applicable to the parties contains no provision on this
provision on this subject;
 Where the worker is accommodated by the employer:
- the provisions relating to accommodation, which shall meet the standards and conditions
standards and conditions laid down by regulation;
 the duration of paid holidays and the method of determining the related allowance;
 any special clauses agreed between the two parties.
Art.28.- (Law n°2017-21) The competent authority shall approve the contract after having:
 noted the conformity of the contract with the legal, regulatory and
conventional provisions;
 given to the parties, possibly, reading or translation of the contract;
 obtained the signature of the parties.
Art.29 - (Law n°2017-21) The application for approval is the responsibility of the employer. The latter
is obliged to submit the contract for visa within 15 days from the date of its commencement for all
contracts with a duration of less than or equal to 6 months and 30 days for contracts lasting more than
6 months.
If the visa is refused, the worker shall have the right to have the contract declared null and void and
claim damages, if applicable, in the following cases:
 the employer fails to draw up the contract in writing;
 the employer fails to submit the contract for approval by the competent authority.
Repatriation, in the cases specified above, is borne by the employer
If the authority competent to grant the visa has not made its decision known within fifteen days of
receipt of the application, the visa shall be deemed to have been granted. If the authority competent to
grant the visa has not made its decision known within fifteen days of receipt of the application, the
visa shall be deemed to have been granted.
Reasons must be given for refusing a visa.
Sub-section 4 - Probationary employment
Art. 30 - (Law n°2017-21) The probationary employment must be expressly stipulated in writing. It
may be the subject of a specific contract, called a trial contract. This commitment includes:
 the job and professional category of the worker;
 the duration of the trial period which, in principle, is equal to the duration of the notice period but
may be longer within the limit of the renewal period. However, it may be longer, up to a maximum of
6 months, including renewals:
- a) to take account of the technique and practices of the profession;
- b) for workers who are new to the trade, the probationary appointment shall be for a fixed term (b)
for workers new to the trade, the probationary appointment shall be for a fixed term, calculated from
date to date. Travelling time shall not be included in (b) for workers new to the trade, the probationary
period shall be for a fixed period, calculated from date to date. Any travel time shall not be included in
the maximum duration of the probation period.
In the event of termination of the contract during or at the end of the trial period, the return journey of
the employee displaced by the employer shall be borne by the employer.
The extension of services after the expiry of the trial contract, without renewal of the trial period, shall
be equivalent to the extension of services after the expiry of the trial contract, without renewal of the
trial, shall be equivalent to the conclusion of a contract for an indefinite period, taking effect on the
date of the beginning of the trial period.
Art. 31 - The work performed during the trial period must be paid at the rate of the professional
category professional category corresponding to the job for which the worker was hired.
Art. 32 - In the event of permanent employment, the trial period, including renewal, is taken into
account in determining the rights attached to the job. Art. 32 - In case of permanent employment, the
trial period, including the renewal, is taken into account for the determination of the rights attached to
the length of service in the company.
Art. 33 - The provisions of Articles L 39 to L 59 inclusive do not apply, unless otherwise agreed, to
agreement to the contrary, the provisions of Articles L 39 to L 59 inclusive do not apply to
probationary contracts, which may be terminated without prior notice and without either party either
party may claim compensation.
Section 3 - Suspension of the contract
Art.34.- (Law n°2017-21) The employment contract shall be suspended in particular:
1) in case of military obligations or civic services of the employer leading to the closure of his
establishment;
2) during the legal duration of the worker's military or civic obligations;
3) for the duration of the worker's absence due to illness or non-work-related accident, as certified by a
medical certificate. 3) for the duration of the worker's absence due to illness or a non-work-related
accident certified by a doctor. This period shall be limited to six months, but shall be This period shall
be limited to six months, but shall be extended until the date on which the worker is replaced;
4) during the period of unavailability resulting from an accident at work or an occupational disease;
5) for the duration of the worker's custody or detention, provided that it does not exceed 6 months;
6) during the period of technical unemployment under the conditions set out in Article L.35;
7) during a strike or a look-out if they are called in accordance with the collective 7) during the strike
and the look out if these are initiated in compliance with the procedure for the settlement of collective
disputes;
8) during the period of lay-off, which may not exceed 8 days
9) during the period of paid leave and workers' education leave
10) during the period of the worker's local or national elective mandate or the exercise of a political
10) during the period of the worker's local or national elective mandate or the exercise of a political
function;
11) during the period of maternity leave
12) during the widowhood period for a woman employee whose husband has just died. 12) during the
widowhood period for a woman employee whose husband has died. This suspension must be
requested in writing and be accompanied by a copy of the death certificate of the deceased and a death
certificate of the deceased and a copy of the marriage certificate. It may not exceed 4 months and 10
days;
13) during the period of pilgrimage to the holy places;
14) during the period of the worker's leave of absence required for cultural and sporting events
14) during the duration of the worker's leave of absence required for cultural and sporting events
organized by the State.
Art. 35 - (Law n°2017-21) The employer may decide to put all or part of his staff on temporary or part
of its personnel, for economic or technical reasons.
Technical unemployment is that which occurs as a result of a collective interruption of work resulting
from accidental causes such as accidents to equipment, interruption of motive power accidents to
equipment, interruption of motive power, disasters, bad weather.
Economic unemployment results from the impossibility for the employer to make workers work
normally, due to work, due to a shortage of work, the cause of which is economic. economic cause.
An employer who wishes to place all or part of his staff on technical or economic unemployment the
opinion of the staff delegates, if there are any, or the trade union committee, and committee, and
inform the competent Regional Director of Labor of his decision beforehand. of its decision.
The duration of the suspension may not exceed three months. Beyond three months or in the event of
the worker's failure to acceptance by the worker of the proposed conditions of suspension, the possible
breach of the of the contract shall be attributable to the employer.
During the period of technical or economic unemployment, the employer may not resort in any way to
hiring new workers. to hire new workers, except for the sectors not affected, or to work overtime. the
performance of overtime by the remaining staff.
The periods of economic or technical unemployment are taken into account in determining the
worker's seniority rights.
Art. 36 - In the cases referred to in Article L.34 (1° and 2°), the employer shall be required to pay the
worker an indemnity that ensures the latter's worker, an indemnity ensuring the amount of the
remuneration he would have received if he had if he had worked, within the limit of the notice period.
Art. 37 - In the case referred to in Article L.34 (3), the employer must compensate the worker
according to the following terms and conditions:
 a) during the first year of presence:
- compensation equal to the amount of his remuneration for a period equal to
the period of notice,
 b) after the first year of presence:
- indemnity equal to half the amount of his remuneration during the period one month following the
period of compensation at full salary.
Art. 38 - In the cases referred to in Article L.34, paragraphs 5, 6, 7, 8, 10, 12, 13 and 14, the
suspension of the employment contract is granted without suspension of the employment contract is
granted without payment of wages.
Section 4 - Termination of the contract
Subsection 1 - Generalities
Art. 39 - A fixed-term employment contract may not be terminated prematurely by the will of will of
one of the parties only in the cases provided for in the contract, or in the case of gross negligence left
to the discretion of the competent court.
Unjustified termination of the contract by one of the parties shall give rise to a right to damages for the
other party.
Art. 40 - (Law n°2017-21) An employment contract of indeterminate duration may always be
terminated by the will of one of the parties. This termination is subject to a notice period given by the
party who takes the initiative of the termination.
An employee who resigns must notify the employer of his decision in writing. The employer may not
the employer may not assume that the employee has resigned.
Any employer who wishes to dismiss an employee must inform the labour inspector of the jurisdiction
by registered letter, including details of the employee and the employer and the reason for the
dismissal.
The labor inspector has a period of fifteen days to issue an opinion.
If the reason(s) for the dismissal are contested, the employee may appeal to the court.
An appeal to the Labor Court shall suspend the employer's decision.
Subsection 2 - Notice period
Art. 41 - (Law n°2017-21) The termination of an open-ended contract is subject to a notice period
notified in writing by the party initiating the termination.
The notice period starts to run from the date of delivery of the notice. The reason for the
termination must be stated in the notification.
In the absence of collective agreements or decrees in lieu thereof, the period of notice is:
 8 days for daily or weekly paid staff;
 1 month for monthly-paid workers;
 2 months for supervisory staff and similar staff;
 3 months for executives and management staff.
The contract may be terminated without notice in case of gross negligence and subject to the
discretion of the competent court.
Art. 42 - During the period of notice, the employer and the worker are bound to respect obligations
incumbent upon them.
Failure to observe the period of notice creates the obligation for the party responsible to pay to the
other party the other party, compensation equal to the remuneration and benefits of any kind from
which the worker during the period of notice which has not been effectively respected. respected.
Art. 43 - The party who takes the initiative to break the contract must be able to prove that the notice
was given in writing. The notice period starts to run from the date of such notification. date of such
notification. In the case of dismissal, the letter of notice must mention the reason. the reason.
Employees with responsibilities may not leave their jobs until they have their accounts.
Art. 44 - (Law n°2017-21) During the period of notice, whether it is a dismissal or a resignation, the
worker shall be resignation, the worker is authorized, after having notified his employer, to be absent
one day a week to look for a new job.
These days of absence, which are taken at the worker's discretion and which, at his request, may be
blocked at the end of the notice period, shall not entail any reduction in his remuneration.
In the event of dismissal, and once half of the notice period has been served, the worker who has
found new employment may, after notifying his employer, leave the before the expiry of the period of
notice without having to pay compensation for failure to observe this period.
The employer's exemption from work during the period of notice shall not, except by mutual
agreement, entail any reduction in wages. mutual agreement, no reduction in wages, benefits and
holiday allowances which the worker would have received if he had performed his work.
Art. 45 - The party to whom one of the obligations mentioned in Articles L.42 and 44 is not respected
may not be required to serve any notice period, without prejudice to any damages that he may claim.
Subsection 3 - Dismissal for economic reasons
Art. 46 - Any individual or collective dismissal carried out by an employer, for one or more reasons
not inherent to the person of the worker and resulting from the elimination or transformation of a job
or from a substantial modification of the employment contract as a result of economic difficulties or
technological change, constitutes a dismissal for economic dismissal for economic reasons.
Art. 47 - (Law n°2017-21) In order to avoid a dismissal for economic reasons the employer who
envisages it must consult the staff representatives and seek with them all solutions allowing the
maintenance of jobs. These solutions can be: the reduction of working hours, shift work, part-time
work, technical unemployment, redeployment of personnel, reorganization of bonuses, allowances and
benefits of any kind.
At the end of the internal negotiations, if an agreement is reached, a memorandum of understanding
specifying the measures adopted and the duration of their validity is signed by the parties and
transmitted to the labor inspector for information.
In the event of disagreement, the minutes of this meeting, duly signed by both parties must be
immediately communicated by the employer to the labor inspector, who inspector, who has a period of
fifteen days, from the date of this communication, to exercise his to exercise his good offices if
necessary.
Art. 48 - (Law n°2017-21) When the negotiations provided for in Article L.47 above have not been
able to reach an agreement, or if agreement, or if despite the measures envisaged, certain dismissals
prove necessary, these are subject to the necessary, these shall be subject to the following rules:
1) The employer shall establish the order of dismissals according to the following basic criteria:
 voluntary departures;
 professional aptitude;
 family responsibilities.
The other criteria will be defined between the employer and the internal trade union committee or, in
its absence, the staff delegates.
2) The employer shall communicate, in writing, to the staff delegates, if any, the list of workers he
proposes to dismiss, specifying the criteria he has chosen.
Within eight days of the communication of this list, the employer shall convene the staff
representatives to collect their suggestions, which shall be recorded in the minutes of the meeting.
3) If the employer plans to dismiss a staff representative for economic reasons, he must follow the
specific procedure for these workers.
4) For the other workers, the employer may, after the meeting of the staff delegates referred to in
paragraph 2, proceed with the dismissal. In all cases, the list of dismissed workers and the minutes of
the aforementioned meeting shall be immediately sent to the labor inspector for information, who shall
verify whether the criteria have been respected.
5) The fired worker shall benefit, apart from the notice period and the possible firing indemnity, from
a special non-taxable indemnity paid by the employer and equal to one month's gross salary. The
employer and the employees may by mutual agreement agree on more favorable conditions. The
worker shall also benefit, from his former company and for a period of two years, a priority for hiring
in the same category. category.
6) In the event of a dispute, the burden of proof of the economic reason and of compliance with the
order of dismissals lies with the employer.
Individual labor disputes concerning the termination of the employment contract for economic reasons
must be examined Individual labor disputes concerning the termination of the employment contract for
economic reasons must be examined as a matter of priority by the labor courts.
An order of the Minister of Labor shall determine the modalities of application of this article.
Art. 49 - If a recovery plan is envisaged during a collective liquidation procedure, the receiver or
liquidation, the receiver or administrator may proceed with a firing for economic reasons respecting,
with the exception of the first paragraph of the preceding article, the paragraphs numbered 1 to 5 of
this article.
Art.50 - The procedures of articles L.48 and 49 shall not apply in case of an amicable protocol of
departure freely and freely and loyally negotiated between the employer and the worker or workers.
The employer shall inform the labor inspector of the agreement reached.
Sub-section 3-1 - Contractual termination
Art. 50 bis - (Law n°2017-21) The employer and the worker, when they are bound by a contract of
employment for an indefinite period of time contract of employment for an indefinite period of time,
may agree on a conventional termination, alternative to resignation and dismissal.
The contractual termination may be initiated by the employer or the employee.
It is the subject of a protocol freely signed by both parties.
The worker's acceptance of a contractual termination must not be the result of pressure from the
employer.
The employee may be assisted during the interview by a staff representative or another employee of
the company. another employee of the company.
In the event of a defect in consent, the contractual termination is null and void.
The contractual termination takes effect on the date set in the protocol without either party having to
give notice.
The protocol determines the conditions of the termination of the employment contract, in particular the
specific amount of the severance pay, which may in no case be less than the legal severance pay.
A copy of the protocol is sent to the local labor inspectorate for information.
The dispute will be settled by arbitration by the labor inspectorate.

Sub-section 4 - Abusive termination of employment and failure to comply with the dismissal
procedure
Art. 51 - Abusive breach of contract may give rise to damages. The competent court shall establish the
abuse through an enquiry into the causes and circumstances of the termination.
In case of dispute, the employer must prove the existence of a legitimate reason for dismissal. for
dismissal.
The termination of the contract is abusive in the following cases:
 when the dismissal is made without a legitimate reason or when the motivation is inaccurate;
 when the dismissal is motivated by the worker's opinions, his trade union activity whether or not he
belongs to a particular trade union.
The amount of damages shall be fixed taking into account all the elements which may justify the
existence and determine the extent of the damage caused and in particular:
 a) where the worker is responsible, the damage suffered by the employer as a result of (a) where the
liability lies with the worker, the damage suffered by the employer as a result of the non-performance
of the contract;
 b) where the liability lies with the employer, of the customs, the nature of the services the nature of
the services rendered, the length of service, the age of the worker and the rights acquired rights
acquired in any capacity.
These damages shall not be confused with compensation for failure to observe the notice period, nor
with the dismissal indemnity to which the worker may be entitled.
Art. 52 - If the dismissal of a worker is legitimate in substance but occurs without the formality of
written notification of termination or indication of the reason for it, the court must reason, the court
must grant the worker, as a sanction for the non-compliance with the rules of form, an indemnity
which cannot be compensation to the worker for failure to observe the rules of form, which may not
exceed one month's gross wage.
Subsection 5 - Compensation for dismissal and services rendered
Art. 53 - (Law n°2017-21) In case of dismissal and termination of contract for reasons of force
majeure, a worker who has completed at least one year of continuous service in the undertaking shall
be entitled to an indemnity separate from the notice period.
This compensation, known as redundancy pay, is calculated by taking the average monthly
remuneration received during the last twelve months preceding the dismissal and applying the
following percentages to this average remuneration
 20% for each of the first five years of employment;
 25% for each year from the 6th to the 10th year inclusive;
 30% for each year beyond the 10th year.
Collective agreements and establishment agreements may provide for much more favourable rates. In
this case, the rates prescribed by these agreements shall replace those provided for in paragraph 2 of
this article.
The remuneration to be taken into account for the calculation of the redundancy allowance shall
include all benefits constituting consideration for work, excluding those of an expense-reimbursement
nature.
In the calculation on the above basis, account must be taken of fractions of a year. fractions of a year.
This indemnity shall not be due if the firing is based on heavy misconduct on the part of the the
worker, which is left to the discretion of the competent court.
Art. 54 - In the event of resignation, a worker who has completed at least ten years of continuous
service in the company, shall be entitled to an indemnity for "services rendered", calculated on the
same Art. 54 - In the event of resignation, a worker who has completed at least ten years of continuous
service in the company shall be entitled to an indemnity for "services rendered", calculated on the
same basis and under the same conditions as the indemnity referred to in Article L.53.
Art. 55 - The allowances referred to in Articles L. 53 and 54 are not due when the worker ceases his
activity definitively in order to receive his retirement pension, or the solidarity allowance. solidarity
allowance.
In this case, the worker shall receive a retirement allowance calculated on the same basis and under the
same basis and under the same conditions as the indemnity referred to in Article L.53.
Subsection 6 - Abusive Firing
Art. 56 - Where a worker who has wrongfully terminated a contract of employment engages his
services again, the services, the new employer is jointly and severally liable for the damage caused to
the caused to the previous employer in the following three cases:
 1° when it is shown that he intervened in the poaching;
 2° when he hired a worker, he knew was already bound by an employment contract;
 3° when he continued to employ a worker after learning that this worker was linked to another
employer by a contract of employment.
In this third case, the liability of the new employer ceases to exist if, at the time of the employment
contract wrongfully terminated by the worker had expired or, if the new employer was expired either,
in the case of open-ended contracts, by the expiry of the notice period, or if a period of fifteen days
had elapsed since the termination of the said contract.
Subsection 7 - Change in the legal situation of the employer
Art. 57 - If there is a change in the legal situation of the employer, in particular by succession, sale,
merger, etc., the contract is terminated,
notably by succession, sale, merger, transformation of the business, incorporation, all the contracts in
force on the day of the change shall continue to exist between the new contractor and the company's
staff. They may only be terminated in the form and under the conditions The termination of such
contracts may only take place in the forms and under the conditions provided for in this section.
The termination of the undertaking, in particular in the event of bankruptcy or compulsory liquidation,
shall not exempt the employer from observing the rules laid down in respect of dismissal in Articles
L.40, 41, 42 and 53 above.
The parties may not waive in advance any right to claim damages under the above provisions
Subsection 8 - Modification of the contract
Art. 58 - (Law n°2017-21) The employer and the worker may, during the performance of the
employment contract, propose its modification.
If the proposal for modification of the contract presented by the worker is substantial and refused by
the employer, the employee may terminate the employment contract but this termination shall be
attributable to him. contract, but this breach is imputable to him.
Any clause without which the worker would not have contracted, such as salary, working conditions,
work working conditions, place of work, job held.
If the proposal to modify the contract presented by the employer is substantial and refused by the
employee, the employer can terminate the employment contract but this termination is attributable to
him and must be contract, but this termination is imputable to the employer and must be carried out in
compliance with the rules of procedure for dismissal. Dismissal following the refusal of the offer of
change is only unfair if if the offer is made with intent to harm or in a blameless manner.
If the employee accepts the modification, it can only become effective after a period equivalent to the
If the worker accepts the change, it may only become effective after a period equivalent to the duration
of the notice period, up to a maximum of one month.
Subsection 9 - Availability
Art. 59 - (Law n°2017-21) A worker may, at his request, be placed on leave of absence. availability.
The lay-off is the position of a worker who, for personal reasons, and after having been personal
convenience, and after having been authorized to do so, temporarily ceases his service with the the
employer.
During this period, the worker shall not benefit from his salary and its accessories, from his rights to
promotion, from his rights to promotion, seniority, retirement and, in general, the provisions of this
Code. provisions of this Code.
The duration of the leave of absence, including its renewal, may not exceed 10 years. It is of an
exceptional nature and is left to the sole discretion of the employer.
Subsection 10 - Retirement
Art. 60 - (Law n°2003-37, Law n°2011-79, Law n°2019-25) The retirement age is fixed at:
For workers of public administrative establishments (EPA), public scientific, technological or cultural
establishments (EPSTC) For workers in public administrative establishments (EPA), public scientific,
technological or cultural establishments (EPSTC), public hospital establishments (EPH), public social
establishments (EPS) (EPS) and public industrial and commercial establishments (EPIC):
 category A: 65 years
 category B: 62 years
 categories C, D, E: 58 years
For contractual workers of the State and local authorities:
 category A or equivalent: 60 years
 category B, C, D, E or equivalent: 58 years.
For private sector workers:
 category A or equivalent: 60 years
 categories B, C, D, E: 58 years
For workers in the private sector, classified in category A or equivalent, the relationship relations may
continue, by agreement between the parties, for a period not exceeding the age the worker's 62nd
birthday.
For workers in the private sector, classified in categories B, C, D and E, relations relations may be
continued, by agreement between the parties, for a period that may not exceed the worker's the
worker's 60th birthday.
Art. 60 bis - (Law n°2019-25) Workers of EPAs and EPICs having reached the age of 59, 56 and 55
years respectively for categories A, B, C, D and E, may continue to work for a period which may not
exceed the age of 60. and 55 years of age respectively for categories A and B, C, D and E may
however request the liquidation of their retirement pension.
Private sector workers and contractual employees of the State and local authorities who have reached
the age of 57 for category A, and 55 for the other categories (B, C, D, E), can also apply for their
retirement.
Retirement from the age of 62, 59, 57, 56 and 55, depending on the case, at the initiative of the
worker, does not constitute a resignation. does not constitute a resignation.
Subsection 11 - Work certificate
Art. 61 - Upon expiry of the contract, the employer shall, under penalty of damages hand over to the
worker, at the time of his final departure from the undertaking or establishment, a certificate indicating
exclusively the date of his entry, the date of his departure, the nature and the nature and dates of the
jobs successively held, the professional category of the the professional category of the collective
agreement to which the worker belongs.
If the worker cannot be given the work certificate, the work certificate shall be made available to
him/her. certificate shall be kept at his disposal by the employer.
This certificate shall be exempt from all stamp and registration duties, even if it contains the phrase
"free of any commitment" or "free of any obligation". free of any obligation" or any other form which
does not constitute an obligation or a release. release.
Under penalty of damages:
 the employer may not provide biased or erroneous information on the account of the worker.
Chapter 3 - Internal regulations
Art. 62 - Internal regulations shall be compulsory in any industrial, commercial or agricultural
undertaking employing at least ten employees,
commercial and agricultural enterprises employing at least ten workers.
Art.63 - In undertakings with several establishments, they may be established for each establishment
or part of an establishment, an annexed regulation containing the specific provisions.
Art.64 - The internal regulations are established by the head of the undertaking. Its content is limited
exclusively to rules relating to the technical organization of work, discipline, health and safety health
and safety regulations and the modalities of payment of wages.
Art.65 - The head of the undertaking must communicate the draft internal regulations to the staff
delegates, if any. This communication is done by giving to the staff delegates of a copy of the draft
internal regulations by any means allowing to certify the communication and to give it a definite date.
Within fifteen days from the date of receipt of the copy of the draft internal regulations, the staff
delegates shall send a copy of the draft internal regulations to the the copy of the draft internal
regulations, the staff delegates shall send their observations in writing to the head of to the head of the
undertaking.
The absence of a response within the prescribed time limit is considered as an acquiescence.
Art.66 - At the end of the period provided for in Article L.65, the head of the undertaking must send
to the labor inspector of the jurisdiction:
 the draft internal regulations drawn up in duplicate, stating that a copy that a copy has been given to
the staff delegates and the date of receipt of this copy by the copy by the staff delegates,
 the original, duly signed by the staff delegates, of the observations they have and a copy of these
observations, certified by the employer,
 a statement, in duplicate, of the considerations which may have motivated the employer's rejection
of the employer's rejection of all or part of these observations.
Within a period of one month, the labor inspector shall endorse or communicate his opinion to the
head of the undertaking, requesting, if necessary, that the employer the head of the undertaking,
requesting, if necessary, the withdrawal or modification of the provisions the laws, regulations and
collective agreements in force.
Art.67 - The internal regulations, after approval, are communicated to the staff representatives who to
the workers of the company. It is displayed in the premises and in the workplace, in a suitable place,
easily accessible, it must be kept in good condition at all times. It must be kept in good readable
condition at all times.
Art.68 - The internal regulations come into force twenty days after the approval of the labor inspector,
the date and the stamp of the inspectorate on the original of the regulations are authentic.
Art.69 - The employer is prohibited from imposing fines.
Chapter 4 - Collective bargaining and collective labor agreements
Section 1 - Nature and validity
Art. 70 - A collective labor agreement is an agreement relating to working conditions concluded
between, on the one hand, the representatives of one or more trade unions and on the other hand, one
or more employers' trade unions, or any other grouping of employers or one or more individual
employers.
The agreement may contain provisions more favorable to workers than those contained in the laws and
laws and regulations in force. It may not derogate from the provisions of public policy defined by
these laws and regulations.
Collective agreements determine their scope of application.
Art. 71 - The representatives of trade unions or any other professional grouping referred to in the
professional grouping referred to in the preceding article may enter into contracts on behalf of the
organisation they represent by virtue of:
 either the statutory provisions of this organisation,
 or by a special resolution of that organisation,
 or by special written mandates given to them individually by all the members of that organisation.
members of that organisation.
Otherwise, to be valid, the collective agreement must be ratified by a special resolution of that by a
special resolution of the grouping. The groupings themselves shall determine their method of
deliberation.
Art. 72 - The collective agreement shall be applicable for a fixed or indefinite period. indefinite
duration. When the agreement is concluded for a fixed term, its duration cannot exceed five years.
cannot be longer than five years.
In the absence of stipulations to the contrary, a fixed-term agreement that expires continue to have
effect as an agreement of indefinite duration.
A collective agreement of indefinite duration may be terminated by the will of one of the parties.
The collective agreement must specify in what form and at what time it may be terminated, renewed or
revised. renewed or revised. In particular, the collective agreement must provide for the duration of the
notice period which must precede the termination.
Art. 73 - The collective agreement must be written in the French language on pain of nullity. It is
drawn up on plain paper and signed by each of the contracting parties.
It is subject to the approval of the Minister of Labour who will require the withdrawal of provisions
contrary to the legislation and regulations in force.
Art. 74 - The collective agreement is, after approval, deposited in the registry of the competent labour
court against a receipt. It is applicable from the day following its deposit, unless otherwise stipulated.
The filing shall be made in triplicate and free of charge, in the care of the most diligent party. Two
copies of the collective agreement shall be sent immediately by the clerk of the labour court to the
Minister responsible for labour.
Amendments to the initial agreement must be drawn up, deposited and notified under the same
conditions.
Art. 75 - The parties who adhere to a collective agreement in force must notify this adherence in
writing to the clerk of the court where the deposit of the collective agreement was made.
The resignation of any grouping, member or adherent, as well as the denunciation of the agreement,
are carried out under the same conditions.
The right to terminate the agreement is however reserved to the signatory parties only.
Art.76 - Any accession and any modification to an agreement, any resignation and any termination of
an agreement are brought to the attention of the Minister in charge of labour by the clerk of the
competent labour court.
Art.77 - All persons who have signed the collective agreement or who are members of the signatory
organisations are subject to the obligations of the agreement. The agreement is also binding on the
organisations that join it, as well as on all those who, at any time, become members of these
organisations.
Where the employer is bound by a collective agreement, the terms of that agreement shall apply to
contracts of employment entered into by him.
In any establishment included in the scope of application of a collective agreement, the provisions of
that agreement shall apply to the relations arising from individual contracts, except where less
favourable to the workers.
Section 2 - Collective agreements that may be extended and the extension
extension procedure
Art. 78 - (Law n°2017-21) At the request of one of the most representative trade union organisations
of employers or workers concerned, the Minister in charge of Labour shall convene a joint committee
meeting with a view to concluding a collective labour agreement whose purpose is to regulate the
relations between employers and workers in one or more specific branches of activity.
A decision of the Minister of Labour shall determine the composition of this joint committee, which
shall comprise, as the case may be, under the chairmanship of the National Director of Labour, an
equal number of representatives of the most representative workers' trade unions and representatives
of the most representative employers' trade unions, or in the absence of the latter, of employers.
Ancillary agreements may be concluded either for each of the main occupational categories or, in the
case of an agreement common to several branches of activity, for each of these branches. They shall
contain the working conditions specific to these categories or branches of activity and shall be
discussed by the most representative trade union organisations of the categories or branches
concerned.
Representativeness is the competence recognised to one or more trade unions of workers or employers
to be the spokesperson for employees or companies, including those who are not their members.
To be representative, a trade union organisation must have a sufficient audience in the branch or sector
of activity concerned.
The representative nature of a trade union is determined by the minister responsible for labour on the
basis of the number of votes and seats won by its members in elections for staff representatives, where
the measure of representativeness is assessed at company level, and on the basis of professional
elections, where representativeness is assessed at national, branch or sector level.
Professional elections are organised at national level to determine the representativeness of the central
organisations or confederations of trade unions.
Professional elections are organised at sectoral level to determine the representativeness of trade union
organisations at sector or branch level.
Where necessary, company-level industrial elections are held.
The representativeness thresholds at national, branch or company level are set by regulation by the
Minister of Labour, after consultation with the most representative employers' and workers' trade
unions.
A decision of the Minister of Labour organises the procedures for the general elections for the
representativeness of trade unions or professional associations of workers, at national and branch
level, in consultation with the most representative employers' trade unions.
The representativeness survey is organised every four years.
The representative character of an employers' organisation is determined by order of the Minister of
Labour, on the basis of a representativeness survey, the criteria of which are fixed in consultation with
the most representative employers' trade unions.
The representativeness survey is organised every four years.
Art. 79 - The collective agreements covered by this section shall include
mandatory provisions concerning :
 1° the free exercise of trade union rights and freedom of opinion
 2° the determination of classifications of professional categories
 3° the wages applicable by professional category and possibly by region,
 4° the terms and conditions for the implementation and rates of overtime,
 5° the modalities of application of the principle: "equal pay for equal work", for women and
children,
 6° seniority bonuses and travel allowances,
 7° the conditions of recruitment and dismissal and in particular the length of the trial period and the
notice period,
 8° staff representatives,
 9° special working conditions for women and children,
 10° the organisation and operation of training in the undertaking, within the framework of the
branch of activity concerned,
 11° the organisation and functioning of joint classification committees,
 12° the procedure for revising, amending and terminating all or part of the collective agreement.
They may also contain any other provision not contrary to the legislation in force.
Art. 80 - New provisions may, by decree, be made compulsory in the same way as those listed in the
preceding article. those listed in the preceding article.
Art. 81 - In the event that a collective agreement has been concluded at national or regional level
regional level, the collective agreements concluded at the lower, regional or local level, adapt this
agreement to the working conditions existing at the lower level.
They may include new provisions and clauses more favourable to workers. workers.
Art. 82 - At the request of one of the most representative trade union organisations, or at the proposal
of the Minister of Labour, a proposal of the Minister in charge of labour, a decree may make it
compulsory for all employers and employers and workers within its scope of application, the
provisions of a collective agreement that meets the conditions collective agreement meeting the
conditions determined by this section.
This extension of the effects and sanctions of the collective agreement shall be for the duration and
under the conditions the conditions laid down in the said agreement.
Clauses which do not meet the situation of the branch of activity or the group may be excluded from
the agreement. the branch of activity or group of branches of activity in the field of application
concerned.
Art.83 - At the request of one of the most representative trade union organisations, or at the proposal
of the Minister in charge of labour, any decree may be adopted. proposal of the Minister in charge of
labour, any extension decree may be revoked in whole or in in whole or in part when it appears that
the agreement or some of its provisions no longer no longer meet the situation of the branch of activity
or group of branches of activity within the scope of application concerned.
Art. 84 - Any draft extension of a collective agreement is the subject of a notice which is professional
organisations concerned and published, together with the text in extenso of the agreement, in the text
of the agreement in the Official Gazette.
The professional organizations and all interested persons shall send their remarks and suggestions, if
any, to the
and suggestions to the Minister of Labour within a maximum period of thirty days from the date of
within a maximum of thirty days from the date of receipt of the official gazette containing this notice
at the labour court of the jurisdiction. of the official journal containing this notice.
The withdrawal of extension is subject to the same formalities as those preceding the extension.
Art. 85 - The decisions of the joint committees established by the collective agreements are applicable
to all employers and workers included in the field of application of the said agreements of application
of the said agreements, as from the date on which the decisions take effect.
However, they are applicable to the public sector only by virtue of an order of the Minister of Labour.
in charge of labor.
Art. 86 - A decree may, in the absence of, or pending the establishment of a collective agreement,
regulate the working collective agreement, regulate the working conditions for a profession or for one
or more branches of branches of activity.
Section 3 - Collective agreements in public services and enterprises
Art. 87 - When a collective agreement is the subject of an extension decree, it is, in the absence of
provisions to the contrary, subject to the provisions of the law. the absence of provisions to the
contrary, it is applicable to the technical services, enterprises and public institutions included in its
scope.
Section 4 - Company or establishment collective agreements
Art. 88 - Agreements concerning an undertaking, one or more specific establishments may be
may be concluded between, on the one hand, an employer or several employers and, on the other hand,
the staff delegates and the representatives of the most representative trade unions of the staff of the
undertaking, of the establishment or establishments concerned and actually employed there.
The purpose of these agreements is to adapt to the particular conditions of the undertaking,
establishment or establishments concerned establishment or establishments concerned, the provisions
of interprofessional collective agreements, national, regional or local collective agreements and the
decrees local collective agreements and the decrees provided for in Article L.86 and, in particular, the
conditions of allocation and the of calculation of performance-related pay, individual and collective
production bonuses and productivity production bonuses and productivity bonuses.
The wage clauses of these collective agreements may provide for specific modalities for the
application of wage increases decided by branch or interprofessional agreements applicable in the
company or establishment, provided that the increase in the provided that the increase in the total
wage bill is at least equal to the increase that would result from the application of the increases granted
by the above-mentioned agreements for the workers concerned.
These agreements may include new provisions and clauses more favorable to the workers, in particular
a These agreements may provide for new provisions and clauses more favorable to workers, in
particular a share in the profits of the undertaking or establishment.
In the absence of collective agreements or the decrees provided for in Article L.86, company or
establishment agreements may be concluded in accordance with the aforementioned procedures.
The provisions of Articles L.72, 73 and 77 shall apply to the agreements provided for in this Article.
Section 5 - Performance of the agreement
Art. 89 - Persons bound by a collective agreement or an establishment agreement may bring an action
for damages against other persons or groups bound by the agreement who violate their commitments.
Art. 90 - When an action arising from a collective agreement or an establishment agreement is brought
by a person or by a group capable of going to court, whose members are bound by the agreement, may
always intervene in the proceedings brought because of the collective interest that the resolution of the
dispute may have for its members.
Chapter 5 - Employment
Art. 91 - A laborer is a sub-contractor who recruits the necessary labor himself and who enters into a
contract with a contractor for the performance of a certain work or the supply of certain services in
return for a fixed price.
This contract must be in writing.
The contractor is obliged to send two copies without delay to the regionally competent labor
inspectorate, indicating the location of the workplaces used.
Art. 92 - When the work is carried out in the contractor's workshops, shops or sites, the contractor is,
in the event of the insolvency of the worker, substituted for the latter with regard to his obligations
towards the workers.
When the work is performed in a place other than the contractor's workshops, shops or worksites, the
contractor shall, in the event of the insolvency of the worker, be responsible for the payment of wages
due to the workers.
The injured worker shall, in this case, have a direct action against the contractor.
Art. 93 - The worker is obliged to indicate his status as a worker, the name, address and profession of
the contractor, by means of a poster to be permanently affixed in each of the workshops, shops or sites
used.
Art. 94 - A laborer who does not apply the legislative, regulatory or contractual provisions may, at the
request of the Minister of Labor, have his certificate of approval withdrawn temporarily or
permanently.
Title 3 - General working conditions
Chapter 1 - Wages
Section 1 - Determination of wages
Art. 95 - (Law n°2017-21) Every employer is required to ensure, for the same work or work of equal
value, equal remuneration between employees, regardless of their origin, sex, age, status or disability,
under the conditions provided for in this chapter.
Remuneration shall mean the basic or minimum wage and all other benefits, paid directly or indirectly,
in cash or in kind, by the employer to the worker in respect of the latter's work.
Occupational categories and classifications, as well as criteria for professional promotion, should be
common to workers of both sexes.
Job evaluation methods must be based on objective considerations.
Art. 96 - Decrees fix
 1° Wage zones and guaranteed interprofessional minimum wages,
 2° The cases in which the employer is obliged to provide accommodation and a daily food ration,
the conditions of allocation of these benefits, their composition and their maximum reimbursement
value,
 3° The cases in which other benefits in kind must be provided and the terms and conditions for their
allocation,
 4° In the absence of a collective agreement or a company or establishment collective
4° In the absence of a collective agreement or a collective agreement of the undertaking or
establishment, the minimum wages by professional category.
Art. 97 - (Law n°2017-21) Any worker shall benefit from a seniority bonus when he/she has been
continuously employed in the same undertaking for at least three years.
However, periods of service completed on different occasions shall be taken into consideration for the
granting of this bonus provided that they have not given rise to the payment of a redundancy
allowance or service allowance.
Absences in the following cases may not be deducted from the time of presence taken into
consideration for the award of the bonus
 absences for personal reasons within the limit of one month;
 paid leave and, within the limit of ten days per year, exceptional leave as referred to in Articles
L.146 and 147;
 maternity leave;
 illnesses up to a maximum of six months;
 period of unavailability resulting from an accident at work or an occupational disease;
 educational leave and training courses.
The seniority bonus shall be calculated as a percentage of the minimum wage for the worker's
classification category.
Apart from more favorable contractual or conventional provisions, this percentage is fixed as follows
 3% after three years of seniority;
 5% after five years of seniority;
 plus 1% for each additional year of seniority, up to a maximum of 15%.
Art. 98 - The remuneration of work by task or piecework must be calculated in such a way that it
provides a worker of average ability, and working normally, with a salary at least equal to that of a
worker remunerated by time, doing similar work.
This method of remuneration is prohibited when the collective agreement does not provide for the
employer to do so.
Art. 99 - The minimum rates of pay, as well as the conditions of remuneration for work by task or by
piecework, are posted at the employers' office and at the places where the staff are paid.
Art.100 - When the remuneration of services is made up in whole or in part of commissions or
bonuses and miscellaneous benefits or allowances representing these benefits insofar as they do not
constitute a reimbursement of expenses, they are taken into account for the calculation of indemnities
in lieu of notice and damages.
The amount to be taken into consideration in this respect is the monthly average of the above-
mentioned elements, established on the basis of the last twelve months of work.
Art. 101 - No salary is due in case of absence except in cases provided for by the regulations or
regulation or by agreement.
Section 2 - Method of payment of wages
Art. 102 - The salary must be paid in legal tender, notwithstanding any provision to the contrary.
The payment of all or part of the wage in kind is prohibited, subject to the provisions of Section 1 of
this chapter.
Except in cases of force majeure, wages shall be paid at the place of work or at the employer's office
when it is near the place of work. It may not be paid in a bar or shop, except for workers who are
normally employed there, nor on a day when the worker is entitled to rest.
Art.103 - The salary must be paid at regular intervals which may not exceed
 fifteen days for workers hired on a daily or weekly basis, this periodicity may be exceptionally
extended to one month after written authorization from the labor inspector, in particular because of the
particular operating conditions of certain establishments,
 one month for workers employed on a fortnightly or monthly basis. Administrative departments
administrative services and public establishments are authorized, in all cases, to make monthly
payments of workers' wages.
Monthly payments must be made no later than eight days after the end of the working month which
gives entitlement to the salary.
In the case of piecework or output work to be performed over a fortnight, the dates of payment may be
agreed upon, but the worker shall receive each fortnight advance payments amounting to at least 90%
of the wage and shall be paid in full within the fortnight following delivery of the work.
Commissions earned during the quarter must be paid within 45 days of the end of the quarter.
Profit-sharing earned during a financial year must be paid in the following year, at the latest before six
months.
In the event of termination or breach of contract, wages and allowances must be paid as soon as the
service ends. However, in the event of a dispute, the employer may obtain from the president of the
labor court the deposit at the court secretariat of all or part of the seizable portion of the sums due.
Workers who are absent on payday may withdraw their wages during normal opening hours and in
accordance with the company's internal rules.
Section 3 - Supporting documents for payment
Art.104 - The employer is required to issue to the worker, at the time of payment, an individual pay
slip individual pay slip, the details of which must be reproduced in a register known as the "payment
"register of payments".
Art.105 - The pay slip shall bear :
 the name and address of the employer, or the stamp of the company,
 the name, address and registration number of the worker in the employer's register,
 the date of payment and the corresponding period,
 the job and the professional category,
 the gross remuneration with all its components, including basic salary, bonuses, allowances,
overtime, etc. premiums, allowances, overtime, benefits in kind,
 individualised deductions, such as garnishments, assignments made in accordance with the law,
reimbursements of reimbursements of advance payments, taxes, pension contributions, etc.
contributions,
 net pay.
When wages are paid by the hour, the number of hours worked should be mentioned. hours worked.
Art.106 - The pay slip is written in ink or using a process that allows indelible writing. No formality of
signature or endorsement is required.
Art. 107 - (Law n°2017-21) The information on the pay slip issued to each worker shall be reproduced
on the occasion of worker shall be reproduced on the occasion of each payment in a register known as
the payment or recorded in a computerised file or listing. This register shall contain also contains an
account of absences broken down according to their cause (illness or accidents at work, authorised or
accidents, authorised or unauthorised absences). The computerised media referred to in the previous
paragraph must make it possible to obtain, without difficulty of use and understanding and without
risk of alteration, all the compulsory mandatory information. They must be presented under the same
conditions and kept for the same period of time as the same period as the payment register which it
replaces. The computerised register must be validated by the competent authority (INSTAT).
Art.108 - (Law n°2017-21) The payment register shall consist of a set of fixed sheets bearing a
continuous numbering in a cardboard binding. It shall be kept in date order, without order of dates,
without blanks, gaps or overwriting: erasures must be approved by the worker. The payment register
or any computerised evidence shall be kept for a period of five years after the last entry and kept at the
disposal of labour inspectors. inspectors.
The provisions of this Article shall apply to the employer's register.
An order of the Minister in charge of labour shall determine the context of these documents and the
the context of these documents and the exceptions to their keeping.
Art. 110 - The acceptance, without protest or reservation, by the worker of a pay slip signature as well
as the mention of the final balance on the register of payments or documents payment register or the
documents authorised to receive it, shall not constitute a waiver on his part of the payment of all or
part of the remuneration.
Art.111 - The words "for the balance of all accounts" or any other equivalent words by a worker after
the expiry or termination of his employment contract, by which he waives his by which he renounces
all or part of the rights he has under his employment contract, may not be invoked against him.
Section 4 - Privileges and guarantees of the wage claim
Art. 112 - The sums due to contractors for all works having the character of public works cannot be
public works, may not be subject to garnishment or opposition to the prejudice of the workers to
whom workers to whom the wages are due.
Sums due to workers for wages are paid in preference to those due to suppliers. suppliers.
Art. 113 - The claim for wages is privileged on the movable and immovable property of the debtor for
the wages of the last twelve months.
Art.114 - With regard to paid leave allowances, the lien is for the two years following the date of
entitlement. the date on which the right to such leave was acquired.
Art.115 - Claims for salaries, bonuses, commissions, various benefits, indemnities compensation of
any kind and, where applicable, damages, shall take precedence over all other privileged claims
including that of the Treasury.

Art.116 - In addition to the above privileges:

 masons, carpenters and other workers who have been employed to build, rebuild or repair buildings,
canals or other works of any kind have an action against the person for whom the works have been
carried out up to the amount of the sums which he owes to him,
reconstruct or repair buildings, canals or other works of any kind have an action against the person for
whom the works were done up to the amount of the sums which he owes to the contractor at the time
their action is brought;
 workers who have worked either on the harvest, or in the manufacture or repair of agricultural
utensils, or in the preservation of the thing, have a lien which takes precedence over all other special
movable liens, either on the fruits of the harvest, or on the thing which they have contributed to
preserve.
Art. 117 - The worker who holds the object he has worked on may exercise a right of retention under
the conditions laid down by the Civil Code.
Movable objects entrusted to a workman to be worked, shaped, repaired or cleaned and which have
not been withdrawn within a period of one year may be sold under the conditions and in the forms to
be determined by decree.
Section 5 - Limitation of action for payment of wages
Art. 118 - (Law n°2017-21) The action for payment of wages, accessories to wages, bonuses and
allowances, or any other sum due by reason of work, the provision of benefits in kind and possibly
their reimbursement, shall be prescribed by three years.
The above limitation period, which is extinctive and discharging, begins to run on the date on which
the wages are due. The last day of the period is the one bearing the same date as the day of the starting
point of the prescription.
Art. 120 - The limitation period applies irrespective of the continuation of services or work. It is only
interrupted by
 a certificate from the labour inspector mentioning the date on which an individual dispute was
referred to him, as well as the subject of this dispute,
 the unexpired court summons.
Section 6 - Deductions from wages
Art. 121 - (Law n°2017-21) No deductions may be made from a worker's wages other than those
provided for in this section. The employer is prohibited from imposing fines.
Art. 122 - Deductions for the purpose of compulsory tax and social security deductions,
reimbursements pursuant to Article L.96 paragraphs 2 and 3, and payments provided for by contracts
in application of collective agreements, shall be made by law. The following definitions apply
 by levy of fiscal origin, the taxes on salaries and wages withheld at source,
 by social deductions, contributions to the statutory pension scheme and other social benefits.
Art. 123 (Law n°2017-21) Withholdings arising from seizures of property or voluntary assignment in
the forms defined by the regulations are possible within certain limits.
Trade union dues may be collected by the employer, at the request of the trade union(s), in the form of
voluntary assignment of wages duly established by the worker, for the benefit of the organisation of
his choice.
There shall be no compensation between the wages or salaries and the sums due by the worker, in
particular in respect of compensation for damage, except within the limit of the seizable part.
Art. 124 - (Law No. 2017-21) The repayment of advances shall be made by the legal means of
voluntary assignment or seizure of assets.
Art. 125 - Advance payments for work in progress are considered as partial payment of remuneration
and do not payment of remuneration, they do not fall within the scope of this section. section.
Chapter 2 - Bonds
Art. 126 - In the event that an employer requires a guarantee from a worker, the amount of the
guarantee, without limitation, shall be put into the account of the employer. the amount of the bond
without limitation shall be deposited at the savings bank, which shall issue a special for this purpose a
special passbook, separate from that which the worker may already possess or acquire acquired at a
later date.
The sums thus deposited shall bear interest at the normal savings bank rate.
Art.127 - This special passbook bears a special stamp:
This special passbook bears a special stamp: "Livret de cautionnement (Code du travail art.L-127)".
The booklet is opened at the joint request of the employer and the worker.
The funds are deposited directly by the worker who, after withdrawing the booklet deposits it in the
hands of the employer. The employer issues the worker with a certificate of deposit and mentions the
guarantor. The employer issues the worker with a certificate of deposit and makes a note of the
deposit, with reference to the number of the booklet, in the the employer's register.
Art. 128 - The withdrawal of all or part of the deposit may only be made with the double consent of
the employer and the worker. consent of the employer and the worker, or of one of them authorised to
do so by a decision of the competent civil court.
Art. 129 - The assignment of the passbook to the guarantee of the person concerned entails a lien on
the sums deposited in favour of the employer. the sums deposited in favour of the employer and with
regard to third parties who may garnish the sums in the hands of the latter. Any garnishment made in
the hands of the administration of the public fund is null and void null and void.
Chapter 3 - Employer's register
Art. 130 - (Law n°2017-21) The employer shall keep constantly up to date, under the same conditions
same conditions as those laid down for the register of payments, a register known as the "employer's
register the model of which is fixed by order of the Minister in charge of Labour. This register
comprises three sections:
 the first contains information concerning the persons and contracts of all workers employed in the
company;
 the second contains all the information concerning the work carried out, remuneration and leave;
 the third is reserved for the endorsements, formal notices and observations made by the labour
inspector or his representative the labour inspector or his delegate.
Companies that use individual sheets containing all the information that must be included on the to be
mentioned on sheet no. 2 are exempted from keeping this sheet, provided that each sheet is provided
that each sheet is initialled by the worker concerned or, where the latter is illiterate, by his or her
illiterate, by his literate representative.
When an undertaking uses a computerised file, it must include all the compulsory information defined
in When a company uses a computerised file, it must include all the compulsory information defined
in paragraph 1 of this article. The head of the establishment must also keep a register in which the
observations and formal notices issued by the by the labour inspector and relating in particular to
questions of health and safety at work and safety at work and risk prevention. The employer's register
or the computerised listing of the information contained in the employer's register must be The
employer's register or the computerised listing of the information contained in the employer's register
must be kept at the disposal of the labour inspector. It must be kept for a period of five years following
the last entry in it. entered in it. The same applies to the individual sheets used in place of the fascicle
n°2. A decree of the Minister of Labour will specify the conditions of application of the present
provisions.
Chapter 4 - Hours of work
Section 1 - General
Art. 131 - In all establishments referred to in Article L.3, the legal working time may not, in principle,
exceed 40 hours per week, in principle, exceed 40 hours per week. However, in agricultural holdings,
the working hours are fixed at 2352 hours per year. year. Within this limit, a decree of the Minister of
Labour shall set the legal weekly working hours according to the seasons.
weekly working hours according to the seasons. Decrees of the Minister in charge of labour shall
determine the modalities of application of the the preceding paragraphs for all branches of activity or
professions or for a particular branch or branch or a particular profession. The decrees shall in
particular determine the organisation and
The decrees shall in particular lay down the organisation and distribution of working hours in a given
cycle, the permanent or temporary derogations applicable in certain cases and for certain jobs, the
arrangements for the recovery of lost working hours and the control measures. Agreements on the
organisation and distribution of working hours within the week may be concluded within the company
or establishment.
Art.133 - In the establishments referred to in Article L.3, part-time working hours may be practised.
Part-time working hours are considered to be those that are at least one fifth shorter than the legal
working hours or the hours agreed upon for the branch or establishment. Part-time working hours may
be applied after consultation with staff representatives and after informing the labour inspector.
Taking into account the duration of their work and their seniority in the establishment, the salary of
part-time workers is proportional to that of a worker who, with the same qualifications, holds an
equivalent full-time job in the establishment. The employment contract of part-time workers must be
in writing. An order of the Minister of Labour shall determine the terms of application of part-time
work.
Section 2 - Recuperation
Art. 134 - In the event of a collective interruption of work resulting from accidental causes or force
majeure (accidents to equipment, interruption of motive power, shortage of raw materials, means of
transport, disasters, bad weather), with the exception, however, of hours lost as a result of a strike or
lock-out, the working day may be extended in order to recuperate the hours thus lost. The terms of
recovery shall be determined for each branch of activity by
order of the Minister of Labour. The hours recovered shall be paid at the normal rate.
Section 3 - Extensions
Art. 135 - The duration of the actual daily work may be extended beyond the limits assigned to the
normal work of the establishment for work which requires it, preparatory or complementary work, as
well as operations which, technically, cannot be completed within the regulatory time limits due to
their nature or to exceptional circumstances.
This work, its details by branch of activity, and its maximum daily duration shall be fixed by order of
the Minister of Labour.
Hours worked under these exceptions shall be paid at the normal rate.
Section 4 - Equivalence
Art. 136 - A period of attendance in excess of the legal working hours equivalent to the latter is
permitted for employees engaged in certain work, either because of the nature of the work or because
of its intermittent nature.
The cases of equivalence shall be determined by order of the Minister of Labour.
The weekly salary due for the hours of attendance thus allowed shall be that corresponding to forty
hours of actual work.
Section 5 - Overtime
Art. 137 - In the absence of a collective agreement or a company or establishment agreement, any hour
worked in excess of the legal working time shall give rise to an increase in Art. 137 - Any hour
worked beyond the legal working time shall give rise, in the absence of a collective agreement or
agreement of the company or establishment, to an increase in salary under the following conditions
and minimum rates:
 a) working days :
- 10% of the actual overall wage relating to the performance of the work, when it is during the day
from the 41st hour to the 48th hour inclusive,
- 25% when performed during the day beyond the 48th hour,
- 50% when performed at night.
 b) non-working days:
- 50% when performed during the day,
- 100% when it takes place at night.
Art.138 - In all agricultural enterprises, the legal working time may not exceed forty-eight hours per
week. In the absence of a collective agreement or an agreement of the employer, the hours worked
beyond this weekly duration will give rise to collective agreement or company or establishment
agreement, the following minimum increases shall apply
to the following minimum increases:
 10% for overtime hours worked during the day in excess of 48 hours,
 50% for overtime at night.
Overtime worked on weekly rest days or public holidays will be increased by 50% for daytime hours
and 100% for night-time hours. for night hours.
Art. 139 - The lump-sum payment for overtime can only have effect if it Art.139 - The lump sum
payment for overtime can only have effect if it ensures that the workers receive remuneration at least
equal to that legally due.
Art. 140 - A decision of the Minister in charge of labour shall determine the conditions under which
overtime for urgent, exceptional overtime for urgent or exceptional work or to increase production
may be authorised and production may be authorised and carried out as well as, by branch of activity
and by professional professional category, if necessary, the modalities of application of the working
hours and the derogations.
Chapter 5 - Night work
Art. 141 - Work performed between 21:00 and 05:00 hours is considered as night work. five o'clock.
Chapter 6 - Weekly rest and public holidays
Art. 142 - (Law n°2017-21) Weekly rest is compulsory. It shall be of at least 24 hours. 24 hours
minimum. It shall in principle take place on Sunday and may not, under any circumstances, be
replaced by a compensatory allowance.
Art. 143 - Establishments whose activity is to provide weekly rest on a day other than Sunday may do
so by rotation. establishments whose activity cannot be stopped without serious inconvenience to the
the life of the community.
Art. 144 - A decree of the Minister in charge of labour will fix the list of these establishments or part
of these establishments as well as the number of days of rest. of these establishments as well as the
control provisions in cases of derogation to Sunday rest. derogation to Sunday rest.
Art. 145 - (Law n°2017-21) Public holidays, non-working days and paid days are those fixed by the
law. A decree shall specify the practical modalities of remuneration of workers with regard to
legislation on public holidays.
Chapter 7 - Leave
Section 1 - Special leave
Art. 146 - Within a limit of ten days, exceptional leaves of absence which would have been
exceptional leave granted to the worker on the occasion of family events directly affecting his or her
family events directly affecting his or her own home. On the other hand, special leave granted in
addition to public holidays may be deducted if they have not been subject to compensation or or
recuperation of the days thus granted.
Art. 147 - Leave granted on the occasion of births gives rise to the payment of an allowance under the
conditions laid down by the Social Security Code.
Section 2 - Annual leave
Art. 148 - A worker acquires the right to leave after a period of twelve months of service. of service.
The assessment of the worker's leave entitlement shall be based on a reference period which from the
date of his recruitment or his return from the previous leave, to the last day day preceding that of his
departure for the new leave. For the purpose of determining the duration of the leave, periods
equivalent to four weeks or 24 days shall be considered as one month of actual service. periods
equivalent to four weeks or 24 days of work shall be considered as one month of actual service.
Art. 149 - For the determination of the duration of the acquired leave, the following are considered as
periods of work:
 periods of unavailability due to an accident at work or occupational disease,
o within the limit of six months, absences for medically certified illnesses,

 periods of rest for women in childbirth,

 absences for the special leaves provided for in section 1 of this chapter.

Art. 150 - Insofar as the smooth running of the undertaking requires, the taking of leave may be
delayed or brought forward by a period which, unless the worker concerned agrees, may not exceed
three months.
At the worker's request, the right to leave provided for in Article L.148 may be carried over to a longer
period, which may not, however, exceed two years of service. In this case, a minimum leave of eight
days, including non-working days, must be taken by the worker in the first year.
Art. 151 - The duration of the leave is determined on the basis of two and a half days per month of
work completed during the reference period, or thirty days per year, including non-working days.
Art.152 - Young workers and apprentices under 18 years of age on the first day of the month of their
departure on leave, whatever the duration of their services in the establishment, are entitled, upon their
request, to a minimum leave of 24 days, including non-working days. The amount of the leave
allowance acquired according to the actual time of service will not be increased.
Young workers and apprentices aged between 18 and 21 before the first day of the month of their
departure on leave are entitled, at their request, to a minimum of 21 days, including non-working days,
even if the duration of their service entitling them to leave is less than twelve months. The additional
leave thus granted shall not give rise to remuneration.
Art. 154 - The duration of the leave, fixed in article L.151 is increased by :
 2 working days after 15 years of continuous service or not in the company;
 4 working days after 20 years of continuous or non-continuous service in the company;
 6 working days after 25 years of continuous or non-continuous service in the company.
Art. 155 - Mothers are entitled to one additional working day of leave for each year of service for
which they are entitled to leave, for each child registered in the civil register and who has not reached
the age of 15 at the end of the reference period.
Art. 156 - The paid leave not exceeding fifteen days must be continuous.
Leave exceeding fifteen days, including non-working days, may be divided by agreement between the
parties.
In this case, a fraction must be at least fifteen continuous days.
Art. 157 - The allowance relating to the leave provided for in Articles L.151 and 152 is equal to the
percentage of the total remuneration in cash and in kind received during the reference period,
excluding allowances in the nature of reimbursement of expenses, annual bonuses and premiums, as
well as benefits in kind from which the employee would continue to benefit during the leave.
Any deductions made from wages in respect of benefits in kind shall be taken into account in
calculating the leave allowance.
The percentage of remuneration provided for in paragraph 1 of this article shall be
 1/12 of the total remuneration received by the worker.
The leave allowance for the minimum 8 days of leave that the worker is required to take under the
provisions of Article L.150 shall be equal to the working salary calculated on the basis of the
establishment's working hours at the time of departure on leave.
For the leave taken at the end of the actual reference period, the worker shall receive a leave allowance
calculated in accordance with the provisions of this Article, after deduction of the leave allowance
received during the minimum compulsory leave period of 8 days referred to in Article L.150.
The periods assimilated to working time in application of Article L.149 shall be considered as having
given rise to remuneration according to the working hours practised in the establishment during the
said periods.
Art. 158 - In occupations where, according to the provisions of the employment contract, the
remuneration of the staff is made up entirely or partly of
Art. 158 - In professions where, according to the stipulations of the employment contract, the
remuneration of the personnel is constituted in whole or in part by sums paid by the clients for the
service, the remuneration to be taken into consideration for the determination of the holiday allowance
is the remuneration evaluated in a lump sum by the collective agreement or, failing that, by order of
the Minister in charge of labour, taking into account the category of classification of each worker in
the professional hierarchy.
Art. 159 - Each additional day of leave, granted in accordance with the provisions of Articles L. 154
and 155, gives rise to the allocation of an allowance equal to the quotient of the allowance relating to
the main leave by the number of working days included in this leave.

Art. 160 - Collective agreements or, failing that, decrees of the Minister in charge of labour, set the
minimum value of benefits in kind which the employee would not continue to enjoy during the period
of leave and which must be taken into account for the calculation of the allowance.
Art. 161 - The payment of the leave allowance is made at the latest on the last day preceding the date
of departure on leave.
Art. 162 - (Law n°2017-21) Any agreement providing for the granting of a compensatory allowance in
lieu of leave is null and void.
However, in case of termination or expiry of the contract before the worker has acquired the right to
take leave, an indemnity, calculated on the basis of the rights acquired under Article L.157, shall be
granted instead of leave. It shall be paid immediately upon termination. A worker hired by the hour or
by the day, for a short-term occupation not exceeding one day, shall receive his leave allowance
together with the salary earned, at the latest at the end of the
earned, at the latest at the end of the working day, in the form of an indemnity in lieu of paid leave.
This indemnity is equal to one twelfth of the remuneration earned during this period.
Art. 163 - The worker is free to take his or her leave in the locality of his or her choice.
When the worker has been recruited in a locality other than the place of employment, the duration of
the leave is increased by the travel time.
In the absence of an agreement to the contrary, the travel time shall not exceed the time required for
the worker to travel to and from his or her usual place of residence on leave, if any.
Chapter 8 - Travel and transport
Art. 164 - Subject to the provisions of Article L.169, the employer shall bear the travel expenses of the
worker, his/her spouse and minor children habitually living with him/her, as well as the costs of
transporting their luggage, in the following circumstances
 from the place of recruitment to the place of employment,
 from the place of employment to the place of residence at the time of recruitment in the following
cases
- (a) expiry of the fixed-term contract,
- (b) termination of the contract by the worker after two years of actual
(b) termination of the contract by the worker after two years of continuous actual employment
- (c) termination of the contract in cases of force majeure,
- d) termination of the contract by the employer or as a result of the employer's fault,
- e) termination of the contract during the trial period or at the end of it,
- f) permanent unfitness of the worker for the duties for which he was hired.
hired.
 from the place of employment to the place of initial recruitment and vice versa on the occasion of
paid leave acquired after two years of continuous service, in accordance with the possibility of
accumulation provided for in Article L.150. The return to the place of employment is due only if the
worker, on that date, is in a condition to return to service.
However, the employment contract or collective agreement may provide for a minimum period of stay
or travel below which the employer shall not be responsible for transporting the families. This period
shall not exceed six months.
Art. 165 - When a contract is terminated for reasons other than those referred to in the preceding
article, or as a result of gross negligence on the part of the worker, the amount of outward and return
transport costs to be borne by the company is proportional to the worker's time of service.
Art. 166 - The class of passage and the weight of the luggage shall be determined by the job held by
the worker in the company, in accordance with the stipulation of the collective agreement or, failing
that, in accordance with the rules adopted by the employer with regard to his personnel or in
accordance with local practices. In all cases, the weight of the luggage shall be calculated taking into
account the family's expenses.
Art. 167 Travel and transport shall be carried out by the normal means of transport chosen by the
employer.
A worker who uses a more expensive means of transport than those chosen by the employer is only
reimbursed by the company up to the amount of the expenses incurred by the means of transport
regularly chosen, unless otherwise prescribed by a doctor. If he uses a more economical means of
transport, he may only claim reimbursement of the costs actually incurred. Transport times are not
included in the maximum duration of the contract.
Art. 168 - A worker who uses a less rapid route or means of transport than those regularly chosen by
the employer may not claim longer travel times than those provided for by the normal route and
means.

Art. 169 - (Law n°2017-21) A worker who has ceased his service may demand the issuance of his
travel and transport documents from his former employer within a maximum period of two years from
the date of cessation of work with the said employer. However, travel and transport documents shall
be issued by the employer only in the event of the worker's actual travel.
The successive employer or employers who have used the services of the worker shall be obliged, at
the request of the employer who issued the transport ticket, to contribute to the payment of the passage
within the limits of the rights acquired by the worker with them. A worker who has ceased work and is
awaiting the means of transport designated by his employer to return to his usual residence shall
receive from the employer an allowance equal to the salary he would have received had he continued
to work, as well as benefits in kind, particularly accommodation.
Title 4 - Health and safety
Chapter 1 - General
Art. 170 - The provisions of this chapter and of the decrees and orders issued for its application apply
to establishments of any kind where workers are employed within the meaning of Article L.1.
Decrees determine in particular
 1° the general and specific protection, prevention and health measures applicable to all
establishments and jobs mentioned in the previous article;
 2° measures relating to the organisation and operation of bodies whose mission is to assist in the
observance of hygiene and safety requirements and to contribute to the improvement of working
conditions and the protection of workers' health;
 3° measures relating to the display, sale or transfer, on any basis whatsoever, of machines,
appliances and various installations presenting dangers for workers;
 4° measures relating to the distribution and use of substances or preparations for industrial use
which are dangerous to workers.
A decree may lay down special requirements for certain professions or certain types of equipment,
substances, agents, work processes or installations, or for certain categories of workers.
The employer is responsible for the application of the measures prescribed by the provisions of this
chapter and by the texts adopted for their application.
Art. 173 - The labour inspector controls the compliance of the employer with the provisions of health
and safety.
Art.174 - Before the infringements of the provisions of the present chapter are established by means of
a report, the procedure of formal notice is compulsorily applied. This formal notice must be given in
writing either on the third page of the employer's register or by registered letter with acknowledgement
of receipt. It is dated and signed, specifies the infringements found or the dangers observed and sets
deadlines by which they must be remedied. The minimum time limits for the execution of the formal
notice, the possibilities of appeal and the authority entitled to decide are fixed for each branch of
activity by an order of the Minister responsible for labour.
Art. 175 - (Law n°2017-21) Where there are working conditions which are dangerous for the health or
safety of workers not covered by the texts provided for in Article L.171, the employer shall be given
formal notice by the labour inspector to remedy them in the manner and under the conditions provided
for in the previous article. The inspector may, in particular, in cases of emergency, order the
immediate cessation of work until the employer has taken adequate preventive measures. The hours
lost as a result will give rise to remuneration in the same way as hours actually worked. An employer
who contests the validity of the measures taken by the labour inspector has the possibility of lodging
an administrative appeal with the National Director of Labour.
Art. 176 - The employer is obliged to notify the labour inspector within forty-eight hours of any work
accident or occupational disease observed in the company. This notification shall be made in
accordance with the relevant provisions of the Social Security Code. Code of Social Security.
Any undertaking or establishment is required to provide a medical or health service for its workers.
The Social Security Code determines the modalities for the execution of this obligation.
Chapter 2 - Work by women and children
Art. 178 - Any pregnant woman whose condition has been medically confirmed may terminate her
contract after informing her employer twenty-four hours in advance, except in cases of force majeure,
and without having to pay compensation for notice.
Art. 179 - Every pregnant woman is entitled to 14 weeks of maternity leave. This leave begins six
weeks before the presumed date of delivery and ends eight weeks after delivery. If the birth takes
place before the presumed date of delivery, the period of rest is extended until the expiry of the 14
weeks of leave.
Art. 180 - The woman concerned may not be employed for a consecutive period of seven weeks three
weeks before the presumed date of delivery.
Art. 181 - In the event of illness certified by a doctor and resulting from pregnancy or childbirth, the
woman may claim an extension of her Art. 181 - In case of illness certified by a doctor and resulting
from pregnancy or childbirth, the woman may claim an extension of her leave of three weeks.
Art. 182 - During the maternity leave referred to in Article L.179, the woman concerned is entitled to
free care and to the remuneration she and to the remuneration she was receiving at the time of
suspension of work, under the conditions conditions laid down by the Social Security Code. She also
retains the right to benefits in kind.
Art. 183 - When a woman is unable, due to illness, to return to work at the end of her
the suspension of the employment contract shall take effect from the first day following the expiry of
her maternity leave. from the first day following the expiry of the said leave. In this case, the employer
shall be obliged from the first day following the extension provided for in the preceding article to pay
the
In this case, the employer is obliged from the first day following the extension provided for in the
previous article to compensate her under the conditions set out in Article L.37 of this Code. During the
entire period of suspension, the employer may not terminate the employment contract.
Art. 184 - For a period of fifteen months from the birth of the child, the mother is entitled to rest for
breastfeeding at the place of work.
The total duration of these rests may not exceed one hour per working day.
These breaks from work may not result in a reduction in pay.
The mother may, during this period, terminate her employment contract under the same conditions as
those The mother may, during this period, terminate her employment contract under the same
conditions as those referred to in Article L.178.
Art. 185 - It is forbidden to employ women, pregnant women and children in work that exceeding their
strength, presenting causes of danger or which, by their nature and by the conditions or which, by their
nature and the conditions in which they are carried out, are likely to injure their morality.
Art. 186 - (Law n°2017-21) The rest of women and children must have a minimum duration of 12
consecutive hours.
Women, without distinction of age, may not be employed during the night in any public or private
industrial public or private industrial enterprise, or in any dependency of such an enterprise.
enterprises.
This prohibition does not apply to
 to enterprises where only members of the same family are employed;
 to women who hold managerial or technical positions involving responsibility involving
responsibility;
 to women employed in the health and welfare services who do not normally do manual work. who
do not normally perform manual work.
Art.187- (Law n°2017-21) Children may not be employed in any enterprise even as an apprentice,
before the age of 15 years, unless a written exemption is issued by order of the Minister in charge of
labour, taking into account local circumstances and the tasks that may be entrusted to them.
Art. 188 - The labour inspector may require that women and children be examined by a doctor to
verify that the work they are required to do does not exceed their strength. This This requisition shall
be made at the request of the persons concerned. The woman or child may not be kept in a job thus
recognised as being beyond her strength and must be assigned to a job that is not and must be assigned
to suitable employment. If this is not possible, the contract shall be If this is not possible, the contract
is terminated by the employer.
Art. 189 - Decrees will determine the working conditions of women and pregnant women, and in
particular the nature of the work to be performed. women and pregnant women and in particular the
nature of the work which is prohibited to them on the other hand the nature of the work and the
categories of enterprises prohibited to young people and the age limit to which the prohibition applies.
Title 5 - Labour disputes
Chapter 1 - Individual disputes
Section 1 - Conciliation by the labour inspector and referral to the court
Art. 190 - Any worker or employer may request the labour inspector, his delegate or his substitute to
inspector, his delegate or his deputy to settle the dispute amicably.
This request suspends, on the date of its receipt by the labour inspector, the limitation period. This
suspension shall run until the date of the report closing the conciliation attempt at the labour
inspectorate. The parties are obliged to appear at the inspectorate on the day and at the time fixed by
the summons, under penalty of a fine. An order of the Minister in charge of labour shall determine the
amount of this fine.
Art. 191 - (Law n°2017-21) In case of amicable settlement of the dispute, the enforcement formula
shall be affixed to the conciliation report by order of the president of the Labour Court taken at the
request of the earliest party.
In the event of total or partial failure of this amicable settlement recorded in a report of non
conciliation, the action may be brought by an oral or written declaration made by one or other of the
parties to the clerk of the Labour Court; an entry shall be made in a register kept specially for this
purpose, and an extract of this entry shall be issued to the party who brought the action.
In the event of non conciliation, the labour inspector is required to transmit the report of non
conciliation to the labour court, at the request of one of the parties, within 15 days, to the labour court
of the jurisdiction
Section 2 - Jurisdiction
Art.192 - (Law n°2017-21) The Labour Courts shall hear individual disputes that may arise in the
course of work between workers and their employers. An individual dispute is a conflict between one
or more workers and their employers during the execution of the labour contract for the recognition of
an individual right.
Article 193 - The competent court is the one of the place of performance of the employment contract.
However, for disputes arising from the termination of the contract, a worker whose residence at the
time of signing the contract is in a place other than that of the place of employment shall have the
choice between the court of that residence and that of the place of employment. Workers whose
residence is outside Mali shall have the choice between the court of the place of performance of the
contract and that of Bamako.
Section 3 - Composition
Labour courts are created by decree on the proposal of the Minister of Justice, after consultation with
the Minister of Labour. These decrees determine the seat and territorial jurisdiction of each court.
Art. 195 - The labour courts are administratively dependent on the Minister of Justice.
Article 196 - The court is composed of a magistrate, the president, an employer assessor and a worker
assessor, and a clerk.
The Labour Court is subdivided into professional sections determined by order of the Minister of
Justice after consultation with the Minister of Labour. Several sections may be combined and a single
inter-professional section may be created when the situation of the labour market so requires.
In the event of a vacancy of assessors in a given professional section, the president of the court may,
for a period not exceeding thirty days, call upon the assessors of another section.
Art. 197 - Each labour court includes a summary proceedings panel common to all the possible
sections. The summary proceedings panel is composed of the president of the labour court and a court
clerk. The matter is referred to it by simple request addressed to the president of the labour court.
Art. 198 - The president of the Labour Court is appointed by decree on the proposal of the Minister of
Justice.
These functions are not exclusive of any other functions that may be entrusted to this magistrate within
the judicial organisation.
Art. 199 - The assessors are designated by the most representative trade union organisations and
representative trade unions and appointed by joint order of the Ministers of Labour and Justice.
In case of absence or failure of the trade unions, the assessors are appointed by joint order of the
Ministers of Labour and Justice.
The number of assessors is three times the number of posts to be filled. The assessors sit in the order
of preference indicated in the appointment order. Assessors whose term of office has expired shall
continue to sit until the effective date of the
of the new appointment order. The assessors must justify the possession of their civic rights and must
not have been convicted of any offence under the electoral laws in force. Assessors who do not fulfil
these conditions are stripped of their mandate.
Art.200 - Any assessor against whom a disqualification has been pronounced may not be appointed
again to the same functions, except in the case of a pardon or amnesty.
Art. 201 - In order to compensate for the hardship caused by the exercise of their functions, the
assessors will be allocated an allowance per shift, the amount of which will be fixed by order of the
Minister in charge of labour after consultation with the Minister of Justice.
Section 4 - Procedure
Art. 202 - Proceedings before labour courts are free of charge. In addition, for
the enforcement of judgements rendered in their favour, workers benefit from legal aid.
Art. 203 - Within two days of receipt of the request, Sundays and public holidays excluded, the
president summons the parties to appear within a period which may not exceed twelve days, increased,
if necessary, by the periods of distance which will be fixed by decree. The summons must contain the
name and profession or business name of the applicant, an indication of the subject matter of the
application, the time and day of the appearance.
The summons is made in person or at home by a bailiff or an ad-hoc bailiff. It may validly be made by
registered letter with acknowledgement of receipt. In case of urgency, it may be made by telegraphic
means.
Art. 204 - The parties are obliged to appear before the court on the day and at the time fixed. They
may be assisted or represented either by a worker or an employer belonging to the same branch of
activity, or by a lawyer regularly registered at the bar, or by a representative of the trade union
organisations to which they are affiliated. Employers may also be represented by a manager or
employee of the company or establishment. With the exception of lawyers, the proxy of the parties
must be in writing.
Art. 205 - If, on the day fixed by the summons, the plaintiff does not appear and does not justify a case
of force majeure, the case is struck off the roll; it can only be resumed once, and according to the
forms laid down for the initial request, on pain of forfeiture. If the defendant does not appear and does
not do justice to a case of force majeure, or if he has not presented his arguments in the form of a brief,
default is given against him and the court rules on the merits of the claim. If the defendant, after
having appeared, does not appear afterwards, the decision rendered against him is deemed to be
contradictory but must be served on him by the court clerk or by an administrative agent specially
appointed for this purpose, in order to start the appeal period.
Article 206 - The hearing is public, except at the conciliation stage.
The president directs the debates, questions and confronts the parties, and summons the witnesses
summoned at the request of the parties or by the president, in the manner indicated in Article L.203.
He shall hear any other person whose testimony he deems useful for the settlement of the dispute; he
may carry out or have carried out any observations or expert reports. The provisions relating to the
policing of hearings in the civil courts are applicable.
Art. 207 - The assessors of the Labour Court may be challenged :
 1° when they have a personal interest in the dispute
 2° when they are relatives or allies of one of the parties up to the sixth degree;
 3° if, in the year preceding the challenge, there has been a criminal or civil trial between them and
one of the parties or his spouse or direct ally;
 4° if they have given a written opinion on the dispute;
 5° if they are employers or workers of one of the parties involved.
The challenge is made before any debate. The chairman shall rule immediately. If the request is
rejected, the matter is not debated, if it is accepted, the case is referred to the next hearing where the
substitute assessor(s) must sit.
When the parties appear before the Labour Court, an attempt at conciliation is made.
In the event of agreement, a report drawn up on the court's register of deliberations confirms the
amicable settlement of the dispute.
An extract of the conciliation report signed by the president and the court clerk is considered to be an
enforceable document.
In the event of partial conciliation, an extract of the minutes signed by the president and the clerk of
the court shall be deemed to be an enforceable title for the parties on which an agreement has been
reached and the minutes of non-conciliation for the remainder of the claim.
In the event of non-conciliation or for the contested part of the claim, the court must retain the case, it
proceeds immediately to its examination, no referral can be pronounced, without agreement of the
parties, but the court can always, by reasoned judgement, prescribe all investigations, raids on the
premises and all measures of information.
Section 5 - The judgement
Art.209 - Once the debates are closed, the court immediately deliberates in secret. Unless it is put
under advisement, which may not exceed the date of the next hearing of the same section, the
deliberation, which may not exceed the date of the next hearing of the same section, the the
judgement, which must be reasoned, is drafted on the hour and the hearing resumed for its reading.
Art. 210 - The minutes of the judgment are signed by the president and the clerk. The minutes of the
judgment are transcribed in the register of deliberations. A copy is given to the parties at their request.
A copy of each judgement is sent by the court clerk to the labour directorate and to the territorially
competent labour inspectorate.
The judgement may order the immediate execution of up to 50% of the sums relating to claims for
wages and accessories, various allowances, rights and benefits, excluding damages, notwithstanding
an appeal and by provision with exemption of security.
Art. 212 - In the event of a judgment by default, service of the judgment is made, in the manner fixed
by Article L.203, free of charge, to the defaulting party, by the clerk of the court or by an
administrative agent specially appointed for this purpose by the president. If, within a period of ten
days, after service plus the time limits for distance, the defaulting party does not opposition in the
manner prescribed in Article L.191, paragraph 2, the judgment is enforceable. enforceable. Upon
opposition, the president shall again summon the parties, as stated in Article L.203, the new judgment,
notwithstanding any default or appeal, is enforceable.
Art. 213 - The judgements of the court are final and without appeal, except in the case of jurisdiction,
where the amount of the claim does not exceed 12 times the amount of the guaranteed guaranteed
interprofessional minimum wage. Above this amount, judgements are subject to appeal to the social
chamber of the court of appeal. of the Court of Appeal.
Art. 214 - The Labour Court hears all counterclaims or claims for compensation which, by their
nature, fall within the 214 - The Labour Court hears all counterclaims or claims for compensation
which, by their nature, fall within its jurisdiction.
Art. 215 - When each of the main counterclaims or set-off claims is within its jurisdiction, the
within the limits of its jurisdiction in the last instance, the Labour Court shall decide without the
Labour Court shall give its decision without the need for an appeal. If one of these claims can only be
decided on appeal, the labour court shall only decide on all the claims.
It will give a final decision if only the counterclaim for damages, based exclusively on the main claim,
exceeds its final jurisdiction. It shall also decide without appeal in the event of default by the
defendant if only the counterclaims made by the defendant exceed its jurisdiction at last instance,
irrespective of the nature and amount of the counterclaims. If a counterclaim is found to be unfounded
and made solely with a view to rendering the judgment appealable, the author of the counterclaim may
be ordered to pay damages to the other party, even if, on appeal, the judgment at first instance has only
been partially confirmed.
Section 6 - Remedies
Art. 216 - The appeal must be lodged within 15 days of the legal deadline for the pronouncement of
the judgement and in the manner provided for in Article L.191 paragraph 2.
With regard to judgments rendered by default, this time limit takes effect from the day of service.
service. The appeal shall be sent to the Court of Appeal within one week of the declaration of appeal,
together with a copy of the judgment and the letters, memoranda and other documents required for the
appeal. of the judgment and the letters, pleadings and documents filed by the parties. The appeal is
judged on the basis of documents. However, the parties may ask to be heard; in this case the
representation of the parties
In this case, the representation of the parties is governed by the rules set out in Article L.204.
Art. 217 - The Supreme Court hears appeals in cassation against judgments of last resort and Appeal is
lodged with and judged by the Supreme Court.
The appeal is lodged and judged in the forms and conditions provided for by the laws relating to
organisation and procedure of the Supreme Court.
Chapter 2 - Collective disputes
Section 1 – Conciliation

Art. 229 - (Law n°2017-21) The Arbitration Council shall have a period of 15 days to make its award.
The decision of the Council shall immediately be notified and commented on to the parties by the
Chairman, who shall send a copy to the Minister in charge of Labour. The Council's decision shall be
declared enforceable by order of the President of the competent court, at the request of the earliest
party. The arbitration award may only be appealed against on the grounds of abuse of power, violation
of the law or violation of the rules of procedure, before the Social Division of the Supreme Court.
An appeal for annulment of the arbitration award is available:
 if the arbitration board was improperly constituted;
 if the arbitrator has ruled without complying with the mission assigned to him;
 if he violated a rule of public policy;
 if the principle of adversarial debate has not been respected.
The appeal must be lodged within 8 clear days of service of the award. It suspends the enforcement of
the arbitral award.
In case of annulment of all or part of the arbitration award, the Supreme Court, within 3 clear days
following the date of referral by the most diligent party, shall refer the case to the parties who shall
propose to the Minister in charge of labour the constitution of a new arbitration board. In the event that
the new award is annulled, the Supreme Court shall render, within 15 days following the second
annulment decision, with the same powers as an arbitrator, an award that cannot be appealed.
Art. 230 - The costs incurred by the procedure, in particular the travel expenses of the members of the
arbitration council and of the experts, the loss of salaries or wages, and the costs of expertise, shall be
borne by the budget of the Ministry of Justice, which must include a chapter devoted to the arbitration
council.
Art. 231 - (Law n°2017-21) The right to strike is guaranteed to all employees.
In the event of a concerted work stoppage, the satisfaction of the basic needs of users, public order, the
safety of persons and property and the continuous operation of facilities shall be safeguarded by the
institution of a minimum service.
A decree issued by the Council of Ministers shall determine, after consultation with the most
representative employers' and workers' trade unions, the list of services and jobs that are strictly
necessary for the execution of the minimum service. Staff may be required by the administrative
authority in the following cases
 when an essential public sector is interrupted by an illegal strike;
 when in an important sector of the economy, a total and prolonged stoppage of work may cause a
situation such that the life, health or safety of the population may be endangered. Any worker who
fails to carry out or ceases, even temporarily, to carry out a requisition order which has been duly
notified to him, may, as the case may be, be dismissed from his job, without notice or compensation.
Art. 231-1 (Law n°2017-21) A strike must be preceded by a period of notice during which the parties
are required to negotiate. The notice period is 15 calendar days.
Art. 231-2 (Law n°2017-21) A strike does not breach the employment contract except in the case of
gross negligence attributable to the worker.
Lock-outs and strikes are illegal during the conciliation procedure and as soon as an arbitration
decision has become enforceable. Lockouts and strikes in violation of the provisions of the preceding
paragraph shall entail
a) for employers:
 the payment to workers of the days' wages lost as a result;
 ineligibility for three years as a member of a chamber of commerce;
 the prohibition of being a member of the Higher Labour Council and of participating in any form in
a works enterprise or a supply contract on behalf of the State or a public body.
b) for workers: the termination of the contract as from the day of cessation of work, with no rights
other than the salary and paid holiday allowance acquired on that date.
Title 6 - Professional institutions
Chapter 1 - Professional unions
Section 1 - Purpose of professional unions
(Law No. 2017-21) The object of professional trade unions shall be exclusively the study and defence
of the rights and material, economic, social and moral interests, both collective and individual, of their
members.
Persons exercising the same profession, similar trades or related professions contributing to the
establishment of specific products or services may freely constitute a professional union.

Art. 234 - The founders of any professional trade union shall deposit the statutes and the names of
those who, in any capacity, are responsible for its administration or management.
This deposit shall take place at the headquarters of the administrative district where the trade union is
established. A copy of the statutes shall be sent to the labour inspector and to the public prosecutor,
who shall verify their legality and inform the trade union concerned, the head of the administrative
district and the labour inspector of his conclusions.
Amendments to the statutes and changes in the composition of the management or administration of
the trade union shall be brought to the attention of the same authorities in the same manner and shall
be assessed under the same conditions.
Art. 235 Members entrusted with the administration of the management of a trade union must be
domiciled in the Republic of Mali, enjoy their civic rights and not have incurred any of the convictions
which, under the terms of the electoral laws in force, entail the withdrawal of the right to vote.
Art. 236 - (Law n°2017-21) A married woman exercising a profession or trade may, without her
husband's authorisation, join professional unions and participate in their administration or
management under the conditions set out in the preceding article. A minor over 15 years of age may
join trade unions without the prior authorisation of his father, mother or guardian.
Art. 237 - Persons who have left the exercise of their function or profession may continue to be
members of a professional union, provided that they have exercised it for at least one year.
Art. 238 - Any member of a professional association may withdraw from it at any time
notwithstanding any clause to the contrary, without prejudice to the right of the association to claim
the membership fee for the six months following the withdrawal.
In the event of voluntary dissolution or dissolution pronounced by a court, the assets of the union shall
be devolved in accordance with the statutes or, in the absence of provisions in the statutes, according
to the rules determined by the general meeting.
In no case may they be distributed among the adhering members. Disputes relating to the constitution,
statutes and dissolution of a trade union shall be dealt with by the civil courts.
Section 2 - Civil capacity of professional unions
Art. 240 - Professional trade unions shall have civil status. They shall have the right to institute legal
proceedings and to acquire movable or immovable property without authorisation, whether free of
charge or in return for payment.
Art. 241 - They may, before all courts, exercise all the rights reserved to the civil party, in relation to
acts directly or indirectly prejudicial to the collective interest of the profession which they represent.
Art. 242 - They may create, administer or subsidise professional organisations such as
 provident institutions, solidarity funds, laboratories, fields of experience, scientific, agricultural or
social education, courses, publications of interest to the profession. The buildings and movable objects
necessary for their meetings, their libraries and their professional training courses may not be seized.
They may allocate part of their resources to the creation of workers' housing, to the acquisition of
cultivation land or physical education land for the use of their members.
Art. 243 - They may subsidise production or consumer cooperatives.
Art. 244 - They may enter into contracts or agreements with any other trade unions, companies or
persons.
Art. 245 - If they are authorized by their statutes, and on condition that they do not distribute profits,
even in the form of rebates, to their members, trade unions may
 1° purchase for hire, lend or distribute among their members anything that is
necessary for the exercise of their profession, in particular raw materials, tools
instruments, machines, fertilisers, seeds, plants, animals and foodstuffs for livestock.
 2° to lend their services free of charge for the sale of products coming exclusively from the personal
work or exploitations of the members; to facilitate such sale by exhibition, advertisements,
publications, grouping of orders and dispatch, without being able to carry it out under their name and
under their responsibility.
Art. 245 bis (Law n°2017-21) The financial resources of the trade union organisations shall be
constituted by the subscriptions of their members, receipts from cultural and sporting events, subsidies
granted by the public authorities, communities or enterprises, loans and other extraordinary resources
decided by the general assembly.

Art. 246 - They may be consulted on all disputes and all questions relating to their speciality.
In contentious cases, the opinions of the union shall be made available to the parties who may take
communication and copies thereof.
Section 3 - Trade union marks
Art. 247 - The trade unions may register their marks or labels under the conditions determined by
decree. They may, therefore, claim exclusive ownership under the conditions of the said decree. These
marks or labels may be affixed to any product or commercial object to certify its origin and conditions
of manufacture. They may be used by all individuals or companies offering these products for sale.
Any clause in a collective contract, agreement or understanding under the terms of which the use of
the trade union mark by an employer will be subject to the obligation for the said employer to retain or
take into his service only the members of the trade union which owns the mark shall be null and void.
of the trade union which owns the mark.
Section 4 - Special mutual aid funds and pensions
Art. 248 - The trade unions may, in conformity with the provisions of the laws in force, set up special
mutual aid and pension funds among their members. The funds of these funds are exempt from seizure
within the limits determined by the legislation concerning mutual aid societies.
Art. 249 - Any person who withdraws from a trade union shall retain the right to be a member of the
mutual aid and old age pension societies to whose assets he has contributed by means of contributions
or payments of funds.
Section 5 - Trade union associations
Art. 250 - Professional trade unions duly constituted in accordance with the provisions of the present
law may freely join together for the study and defence of their economic, social and moral interests.
They may form a union in any form whatsoever. The provisions of Articles L.234, 235 and 236 shall
apply to unions which must, moreover, make known, under the conditions laid down in Article L.234,
the name and registered office of the unions which constitute them. Their statutes must determine the
rules according to which the trade unions in the union are represented in the board of directors and in
the general meetings.
Art. 251- These unions shall enjoy all the rights conferred on professional unions by sections 2, 3 and
4 of this chapter.
Art. 252 - (Law n°2017-21) Premises shall be made available, upon request, to the most unions of the
most representative workers' unions, for the exercise of their activities, by order of the Minister of
Labour.
These premises, when used as headquarters by the trade union unions, shall be inviolable. They may
not be They may be searched only on the basis of a warrant issued by the judicial authority. The search
must be limited to the purposes for which the warrant was issued.
Section 6 - Professional associations
Art. 253 - Professional associations recognised by order of the Minister responsible for labour shall be
Labour are assimilated to professional unions and enjoy the same rights.
Section 7 - Absences for trade union activities
Art. 254 - In order to facilitate the presence of workers with trade union responsibilities at statutory
congresses of their trade union organisations, leave of absence shall be granted on presentation of a be
granted on presentation of a written invitation by name from the trade union organisation concerned.
trade union organisation concerned.
Such absences shall be paid and shall not be deducted from annual leave.
Art. 255 - Any worker, duly designated by his or her trade union organisation to attend a training
course, is authorised to training course, is authorised to leave the company, without this absence being
considered as a cause for This absence cannot be considered as a reason for termination of the
employment contract. Any worker who has been duly elected to permanent administrative or
managerial positions in a trade union or a of a trade union or trade union association shall be
authorised, at the request of his or her trade union organisation, to cease his professional activities,
without his absence being able to be his absence may not be considered as a reason for the termination
of his contract, within the limit of one year.
Section 8 - Freedom of association
Any worker or employer may freely join a trade union of his choice within the framework of his
profession.
Art. 257 Any employer is prohibited from taking into consideration the opinions, membership of a
trade union or the exercise of trade union activity in making decisions concerning, in particular,
recruitment, the conduct and distribution of work, vocational training, promotion, remuneration and
the granting of social benefits, disciplinary measures and dismissal. disciplinary measures and
dismissal. The manager or his representatives shall not use any means of pressure in favour of or
against any employee. or against any trade union organisation. Any measure taken by the employer
contrary to the provisions of the preceding paragraphs shall be considered as abusive and shall give
rise to damages.
Section 9 - Trade union committees
Art.258 - A trade union committee may be set up by any representative trade union in each
undertaking or establishment usually employing 11 employees.
For the determination of the number of employees in the undertaking, account is taken not only of the
permanent staff, but also of apprentices, workers hired on a temporary basis, etc. apprentices, workers
hired on a probationary basis and occasional or seasonal workers seasonal workers who work an
average of 6 months per year. months of work in the year. The constitution of a trade union committee
is not subject to any formal or public publicity. However, the employer must be notified of the names
of the members of the trade union committee as soon as they are appointed.
Article 259 - The trade union committee shall represent the professional interests of its members in
accordance with the provisions applicable to professional trade unions.
Art. 260 - The number of trade union delegates, from 5 to 26 depending on the number of employees
in the establishment, will be determined by an order of the Minister in charge of labour.
The trade union delegates shall represent the trade union before the head of the undertaking. They
must have been part of the company for one year. The functions of the trade union delegate may be
combined with those of the staff delegate. The trade union delegates represent the trade union
organisation within the management committee.
Art. 262 - The trade union committee enjoys the following prerogatives
 freedom to post and distribute communications of a professional nature
 meeting of the trade union delegates once a month outside working hours in a room made available
to them by the head of the company,
 reception at their request by the head of the undertaking.
Art. 263 - The trade union delegate shall benefit, for the exercise of his functions, from the same time
and the same time and the protection granted by Article L. 277.
Art. 264 - In order to facilitate the presence of workers at statutory congresses and conferences of
trade union organisations, leave of absence may be granted to them. These absences are paid and are
not deducted from the annual leave.
Chapter 2 - Staff representatives
Section 1 - Elections of staff representatives
Art. 265 - (Law n°2017-21) Staff representatives shall be elected in each establishment comprising
more than ten workers. Their term of office is three years. They may be be re-elected.
When several establishments are located in the same locality or within a radius of 20 kilometres and
they do not have the minimum number of employees separately, the workforce of these establishments
shall be grouped together to form an electoral college. electoral college.
Art. 266 - The number of staff representatives is fixed as follows
 from 11 to 25 workers: 1 titular delegate and 1 substitute;
 from 26 to 50 workers: 2 full delegates and 2 substitutes
 from 51 to 100 workers: 3 full delegates and 3 substitutes
 from 101 to 250 workers: 5 full delegates and 5 substitutes;
 from 251 to 500 workers: 7 full delegates and 7 substitutes;
 from 501 to 1,000 workers: 9 full delegates and 9 substitutes;
 plus one full delegate and one substitute for each additional 500
workers.
Art. 267 - The modalities for the election of staff delegates shall be determined by an order of the
Minister of Labour. of the Minister in charge of labour.
Art.268 - The head of the establishment or his representative is responsible for the organisation and
the regular conduct of the elections.
He/she presides over the polling station where he/she is assisted by a non-candidate representative of
each of the lists.
These representatives of the lists attend the voting and the counting of the votes and sign the and sign
the voters' report with the employer. The employer is obliged to draw up these minutes in triplicate
and to send two copies to and send two copies to the local labour inspector,
within three clear days, by registered letter with acknowledgement of receipt. The third copy is kept in
the establishment's archives.
Art. 269 - Disputes relating to the electorate, eligibility and the regularity of the electoral operations
shall fall within the electoral operations shall fall within the competence of the president of the labour
court who shall rule urgently and as a matter of urgency and as a last resort.
Art. 270 - Each delegate has a substitute elected under the same conditions who replaces him in case
of death, resignation, dismissal, change of professional category, termination of employment change
of professional category, termination of employment contract loss of the conditions required for
eligibility.
Section 2 - Status of staff representatives
Art. 271 - The head of the establishment is obliged to allow the staff delegates the time necessary to
carry out their duties, within the limits of a period which, except in exceptional circumstances, cannot
exceed 15 hours per month. This time is considered as working time and paid as such. It must be used
exclusively for tasks related to the activity of the staff as defined in Section 3 below.
Art. 272 - The head of the establishment is obliged to put at the disposal of the staff representatives the
premises and furniture necessary to enable them to carry out their duties and in particular to meet.
Art. 273 - The staff delegates may post, with the exception of any document of any kind, the
information that they have the role of bringing to the attention of the staff in the context of their
mission. Postings must be made at the entrance to the workplace and also on compulsory locations
intended for trade union communications. Companies must choose these locations in a visible place
and preferably in the places where the personnel pass.
Art. 274 - The delegates are received collectively by the head of the establishment or his
representative at least once a month. They are also received in case of emergency at their request.
Art. 275 - The modalities for the reception of staff delegates by the employer are fixed by order of the
Minister in charge of labour.
Art. 276 - Any staff delegate may be dismissed during his term of office on the proposal of the trade
union organisation which presented him, approved by secret ballot by the majority of the electoral
college to which he belongs. approved by secret ballot by the majority of the electoral college to which
he belongs. If he/she has not been nominated by a trade union organisation, he/she may be dismissed
during his/her term of office on the basis of a written petition signed by the members of the electoral
college.
on a written petition signed by the majority of the electoral college to which he/she belongs and
confirmed by secret ballot by the majority of this college.
Art. 277 - (Law n°2017-21) The authorisation of the Labour Inspector is required, before any
dismissal of a staff representative, titular or substitute, envisaged by the employer or his
representative. The authorisation or refusal of this authorisation must be notified to the employer and
the staff representative concerned. Failure by the labour inspector to respond within fifteen days of the
inspector within fifteen days of the application being submitted is equivalent to authorisation for
dismissal, except in the case where the labour inspector deems that an expertise is necessary. In this
case,
the time limit is extended to 30 days and the inspector must inform the employer in writing, before the
expiry of the 15 days, of his decision to extend the period.
Any dismissal that occurs in violation of the procedure provided for in the preceding paragraph shall
be null and void and the delegate shall be reinstated in his rights and reinstated in the company.
However, in the event of gross misconduct, the employer may immediately lay off the person
concerned pending the final decision. In the event of a refusal to authorise dismissal, the lay-off shall
be without effect. The above provisions shall apply to workers who are candidates for the office of
delegate during the period between the date of posting of the lists and the date of the ballot, as well as
to delegates elected until the date of the new elections and during a period of six months following the
expiry of the delegate's term of office.
Section 3 - Duties of the staff delegates

Art. 278 - The staff representatives have the following mission

 to present to the employers all individual or collective complaints concerning working conditions
and the protection of workers, the application of collective agreements, professional classifications and
statutory or contractual wage rates;
 to refer to the labour inspector any complaints or claims concerning
the application of the legal and regulatory requirements which it is responsible for monitoring;
 to ensure the application of the provisions relating to the health and safety of workers and to social
security and to propose any useful measures on this subject;
 to communicate to the employer any useful suggestions for the improvement of the organisation and
performance of the undertaking.
Art. 279 - Notwithstanding the above provisions, the workers have the right to present their complaints
and suggestions to the employer themselves.
Chapter 3 - Health and safety committees
Art. 280 - A health and safety committee is created in all establishments belonging to one of the
following categories
 industrial establishments with at least 50 employees on a regular basis;
 establishments other than industrial establishments and, whatever their nature, usually employing at
least 100 workers. However, the labour inspector may require the creation of a health and safety
committee in establishments which do not have the required number of employees, but which carry
out work which is particularly unsafe from the point of view of occupational accidents or diseases. In
this case, the time limit for the execution of the formal notice is set at one month.
Art. 281 - The staff representatives on the committee benefit from the same protection and the same
credit of hours as the staff representatives.
Art. 282 - The modalities of organisation and functioning of the health and safety committees are fixed
by regulation.
Title 7 - Public bodies and means of implementation
Chapter 1 - The Higher Labour Council

Art. 283 - (Law n°2017-21) A Higher Labour Council is established under the Minister in charge of
labour. It is chaired by the Minister or his representative.
It shall comprise:
 six representatives of workers and six representatives of employers, with voting rights;
 two members of the National Assembly;
 the National Director of Labour, the National Director of Employment, the National Director of
Vocational Training and the National Director of Social Protection and Solidarity Economy, as well as
representatives of the Ministers concerned, in an advisory capacity. A civil servant, appointed by the
Minister of Labour, acts as secretary to the Council.
The members of the High Labour Council are appointed for two years by decree. Their mandate
cannot be renewed more than twice.
The workers' and employers' representatives are appointed by the most representative trade union
organisations in the profession. In the absence of a representative trade union organisation, the
appointment of the members of the Council is made directly by the Minister of Labour.
They must have their civic rights and not have been convicted of any offence that would lead to their
removal from the electoral roll. The same number of alternate members shall be appointed
simultaneously under the same conditions as the full members. At the request of the Chairman or the
majority of the Council, experts and technicians may be summoned to participate in the debate.
Art.284- (Law n°2017-21) The opinion of the Higher Labour Council is compulsorily required in all
cases where regulations must be made in application of the provisions of the present law.
Its permanent mission is to:
 to study problems concerning work, employment, vocational training, social security, health and
safety at work;
 to issue opinions and formulate proposals and resolutions on the legislation and regulations to be
implemented in these areas.
It may in particular:
 examine any difficulty arising during the negotiation of collective agreements;
 give its opinion on all questions relating to the conclusion and application of collective agreements
and especially on their economic impact. It is also responsible for studying the elements that can serve
as a basis for determining the minimum wage: study of the subsistence minimum, study of economic
conditions and their impact on the livelihood of workers. It may request from the competent
administrations all documents useful for the accomplishment of its mission.
Art. 285 - The Higher Labour Council sits under the chairmanship of the Minister of Labour or his or
her representative. The notice of meeting indicates the agenda of the session. It is accompanied by
preparatory documentation. The Council may also meet at the request of the majority of its members.
Art.286.- (Law n°2017-21) The Higher Labour Council comprises:
 a plenary assembly;
 a standing committee;
 a technical secretariat.
The Standing Committee shall be chaired by the Minister of Labour or his/her representative.
representative. It shall comprise two employer members and two worker members, elected by the
employers' and workers' groups of the Council respectively by the employers' group and the workers'
group of the Council.
The Standing Committee shall be responsible for
 the powers devolved to it by the plenary assembly;
 matters referred to it by decision of the Minister of Labour.
The Higher Labour Council and its Standing Committee may only validly issue opinions only when at
least half plus one of its members are present, and that the employers' representatives are equal in
number to the workers' representatives. workers' representatives. The technical secretariat is
responsible for preparing the sessions of the Higher Labour Council. Council. Its composition and
functioning are determined by an order of the Minister of Labour.
in charge of Labour.
A register of the opinions issued by the Higher Labour Council is kept. This register is deposited at the
National Labour Directorate and is available to the public.
Art. 288 - To compensate for the hardship caused by the exercise of their functions, the members of
the Higher Labour Council members of the High Labour Council, in addition to, if necessary, travel
expenses, an allowance travel expenses, an allowance per day of session, the amount of which shall be
fixed by order of the Minister in charge of labour. The operating costs of the Higher Labour Council
shall be borne by the national budget.
national budget.
Art. 289 - The worker members of the Higher Labour Council benefit from the same protection,
during the same periods, as that granted to staff delegates under Article L.277.
Chapter 2 - Administrative bodies
Art. 290 - A central public service called the National Directorate of Employment, Labour and Social
Art. 290 - A central public service is created, to be known as the National Directorate of Employment,
Labour and Social Security, abbreviated as DNETSS.
Art. 291 - A decree determines the organisation and functioning of the National Directorate of of the
National Directorate of Employment, Labour and Social Security.
Art. 292 - The status of civil servants in the labour and social security framework is determined under
the same conditions as the other special statutes for civil servants. These officials may be called upon
to perform the duties of labour and social security inspector by order of the Minister in charge of
labour and social security. and social security inspectors by order of the Minister of Labour.

Art. 293 Labour inspectors and supervisors shall take an oath to perform their duties properly and
faithfully and not to reveal, even after they have left the service, manufacturing secrets and, in general,
operating procedures which may come to their knowledge in the performance of their duties.
This oath is taken before the court of appeal for inspectors and before the court of first instance for
controllers. Any violation of this oath is punishable in accordance with the provisions of the Penal
Code. They must treat as confidential any complaint reporting a defect in the installation or an
infringement of the legal or regulatory provisions.
Art. 294 Labour inspectors may not have any interest, direct or indirect, in the enterprises placed under
their control.
Art. 295 Labour inspectors may draw up official reports on infringements of the provisions of labour
legislation and regulations, which are authentic until they are forged.
They are empowered to refer cases directly to the competent judicial authorities.
Any report must be notified immediately by the delivery of a certified copy to the interested party or
his representative, on pain of absolute nullity of the proceedings to be taken.
One copy of the report shall be deposited with the public prosecutor, a second copy shall be sent to the
national director of labour, a third copy shall be sent to the interested party or his representative and a
fourth copy shall be filed in the archives.
Art. 296 - Labour inspectors have the power to
a) freely enter at any time of the day or night, establishments subject to inspection, where they may
have reasonable cause to suppose that persons enjoying legal protection are employed, and to inspect
them. On the occasion of their visit, they must inform the employer or his representative of their
presence, unless they consider that such notification might prejudice the effectiveness of the
inspection.
The head of the undertaking or establishment or his deputy may accompany the inspector during his
visit.
(b) enter premises where they have reason to believe that collective work is being carried out
(c) request, if necessary, the opinions and consultations of doctors and technicians, particularly with
regard to health and safety requirements. Doctors and technicians shall be bound by professional
secrecy under the same conditions and subject to the same penalties as labour inspectors.
(d) be accompanied during their visits by sworn interpreters and by the staff representatives of the
undertaking visited, as well as by the doctors and technicians referred to in the preceding paragraph
(e) carry out any examinations, checks or enquiries deemed necessary to ensure that the applicable
provisions are effectively complied with and in particular
 interview, with or without witnesses, the employer or the personnel of the undertaking, monitor
their activities, request information from any other person whose testimony may seem necessary;
 require the production of any register or document required to be kept by this law and by the texts
adopted for its application;
 take and carry away for analysis, in the presence of the head of the undertaking or the head of the
establishment or his deputy and against receipt, samples of materials and substances used or handled.
The costs resulting from these expert reports and investigations shall be borne by the State budget. The
labour inspectors shall have the initiative for their rounds and visits.
f) to proceed in matters of simple policing to the direct collection of fines. In the event of opposition
from the offender, the provisions of Articles 435 to 458 of the Code of Criminal Procedure shall apply.
A decree sets out the fixed rates and collection procedures for the various offences.
Article 297 - Medical labour inspectors may be appointed to the labour inspection services.
Their duties and the conditions of their appointment and remuneration are determined by decree.
Art. 298 - In mines, pits and quarries, as well as in establishments and sites where the work is subject
to the control of a technical service, the officials responsible for this control ensure that the
installations under their technical control are arranged in such a way as to guarantee the safety of
workers. They shall ensure the application of any special regulations which may be issued in this field
and shall have, for this purpose and within this limit, the powers of labour inspectors. They shall
inform the labour inspector of the measures they have prescribed and, where appropriate, of the formal
notices served. The labour inspector may, at any time, request and carry out, together with the officials
referred to in the preceding paragraph, visits to mines, pits, quarries, establishments and work sites
subject to technical control. In those parts of military establishments or establishments employing
civilian labour in which the interests of national defence preclude the introduction of foreign agents
into the service, the control of the provisions applicable to labour shall be carried out by the civil
servants or officers designated for this purpose. This designation shall be made on the proposal of the
competent military authority and shall be subject to the approval of the Head of Government. The
nomenclature of these parts of establishments or establishments is drawn up by decree on the proposal
of the military authority.
Art. 299 - The head of the administrative district is, within its jurisdiction, the legal substitute for the
labour inspector when the latter is absent or unable to attend.
Art. 300 - The provisions of Articles L. 293, 295 and 296 of this chapter do not derogate from the
rules of ordinary law concerning the detection and prosecution of offences by judicial police officers.
Chapter 3 - Placement
Art. 301 - (Law n°2017-21) Placement shall be provided by the public placement service and the
paying employment agencies.
The activity of placement consists in providing, on a regular basis, services aimed at matching job
offers and requests for employment, without the person carrying out this activity becoming a party to
the employment relationship which may result from it.
Section 1 - The national office for manpower and employment
Art. 302 - (Law n°2017-21) The public employment service is provided by the public employment
body designated for this purpose by the competent authorities. Its services are free of charge.
Section 2 - Paying employment agencies
Art. 303 - Any natural or legal person may be authorised to carry out placement operations in offices
opened for this purpose.
The conditions for the opening of paying employment agencies are determined by decree.
Art. 304 - The placement fees collected by paying employment agencies are entirely borne by the
employers without any remuneration being collected from the workers. from the workers.
Art. 305 - (Law n°2017-21) It is forbidden for managers of paying employment agencies and their
employees from collecting or accepting, in connection with the operations carried out by them,
security deposits of any kind whatsoever. Paying employment agencies shall not discriminate against
workers on the grounds of race, colour or nationality. discrimination against workers on the grounds of
race, colour, sex, religion, political opinion, national national extraction, social origin or any other
form of recognised discrimination. Paying employment agencies operate under the control of the
National Directorate of Employment. Directorate of Employment.
Paying employment agencies are obliged to communicate to the public service responsible for
placement, information on the placements made, as well as a copy of the declaration of declaration of
the opening of an establishment or a construction site.
The other rules to which paying employment agencies are bound are set by decree. Refusal to
communicate to the public service responsible for placement the information contained in in this
article shall be punishable by the same penalties as for refusal to reply to statistical statistical surveys.
Section 3 - Placement rules
Art. 306 - (Law n°2017-21) Any person seeking employment may apply for registration with the
public employment service or a paying employment office. Any person who opens an establishment or
a construction site of any kind whatsoever must make a declaration to the public service responsible
for employment or to the paying employment office.
Art. 307 - Job offers and applications may not be made by means of posters or any other means of
advertising other than on the premises of the employment agencies. However, the insertion of job
offers and applications in the press is authorised. Any employer who places an offer of employment in
a newspaper, magazine or periodical is obliged to state his name or company name and address. The
publication of the offer in newspapers, magazines or periodicals must be done in such a way that it
remains valid on the day of its publication.
Art.308 - Persons seeking employment are registered by the employment agency to which they apply
on a list of job seekers.
Art.309 - Any recruitment is the subject of a declaration drawn up by the employer within fifteen days
and sent by him to the organisation which carried out the placement. This declaration mentions the
name and address of the employer, the nature of the enterprise, all information on the civil status and
identity of the worker, his or her registration number, his or her profession, if applicable, the name and
address of his or her previous employer, possibly the place of his or her original residence and the date
of entry into Mali, and the date of hiring.
Art. 310 - When the declaration referred to in the previous article is made to a paying employment
agency, the latter is obliged to communicate it to the Office within one month.
Art. 311 - In the event of a lock-out or strike, in violation of the provisions of Article L. 231,
placement operations are immediately interrupted for the companies concerned.
Art. 312 - Infringements shall be established in the same manner and under the same conditions as
those laid down in Article L. 295.
Section 4 - Temporary work and outsourcing
Art. 313 - (Law n°2017-21) If a temporary workforce is to be employed in a company through a
temporary work company, the contract of provision is concluded between the user and the temporary
work company, which must be approved by the Minister of Labour.
The temporary work company carries out its activities under the supervision of the National Labour
Directorate.
The employment contract is concluded in writing between the temporary work contractor and the
worker placed at the disposal of the user. Its duration cannot exceed 24 months including renewals.
The temporary work agency is deemed to be the employer and has the rights and obligations
obligations attached to this status. The worker does not have to pay any remuneration for this
provision. A decree will establish the regime of temporary work companies. Paying employment
agencies may exercise the role of temporary work company cumulatively with their other functions.
They must then apply the provisions of this Labour Code.
Art.313-1.- (Law n°2017-21) Outsourcing or subcontracting is the transfer of all or part of the activity
of an organisation/company or administration to a specialised external partner.
Art.313-2.- (Law n°2017-21) Outsourcing of human resources management is the transfer, in whole or
in part, to an external organisation, of human resources activities or functions.
In the event of outsourcing, the provisions of this Code shall apply, in particular those of Article L.57.
The employee's right of option under the provisions of Article L.58 is guaranteed.
Art. 313-3 (Law n°2017-21) Temporary employment agencies may act as outsourcing agencies, in
addition to their other functions.
Art. 313-4 (Law n°2017-21) The approval issued by the competent administrative authority to a
Temporary Work Company is equivalent to an authorisation for the performance of any outsourcing
activity by the same company.
Any Temporary Work Company must, in case of conclusion of an outsourcing contract
outsourcing contract, communicate to the local labour inspector, when the intervention area is limited
to the territory of a single labour inspectorate, or to the National Director of Labour, when it extends to
the territory of several regional inspectorates:
 the date on which the outsourcing activity takes effect;
 the area of intervention concerned;
 the name of the user undertaking;
 the number of workers concerned.
Art.313-5.- (Law n°2017-21) Outsourcing agencies carry out their activities under the control of the
National Labour Directorate and its regional technical services.
Art. 313-6 (Law n°2017-21) The outsourcing activity is subject to a contract between the outsourcing
agency and the user company. The information contained in the contract will be defined by decree.
The outsourcing contract may be renewed, without any limitation. A reversibility clause may be
implemented at the end of the term provided for in the contract, or in the event of early termination.
Art. 313-7 (Law n°2017-21) An employment contract, binding the outsourcing agency to each worker,
must be drawn up in writing and communicated to the employee. The worker whose activity is
outsourced, retains all his acquired rights.
The other rules to which outsourcing agencies are bound shall be laid down by decree.
Chapter 4 - Penalties
Section 1 - Infringements of the provisions of Title 1
Art. 314 - Those who violate the provisions of Article L.6 shall be punished by a fine of 20,000 to
100,000 FCFA and imprisonment of 15 days to 6 months or by one of these two penalties only.
In the event of a repeat offence, the fine shall be from 40,000 to 200,000 FCFA and imprisonment
from 1 to 12 months.
Section 2 - Infringements of the provisions of Title 2
Art. 315 - Those who violate the provisions of Articles L. 7 and 9 will be punished by a fine of
between 5,000 and 15,000 FCFA and, in the event of a repeat offence, a fine of between 10,000 and
50,000 FCFA.
Art. 316 - Those who violate the provisions of articles L. 20, 21, 22, 23, 26, 27, 29, 31, 32, 40, 42, par.
2, 53, 77 par. 2 and 3 shall be punished by a fine of 10,000 to 50,000 FCFA and in the event of a
repeat offence, a fine of 20,000 to 100,000 FCFA.
Art. 317 - The perpetrators of infringements of the provisions of Articles L. 81 and 91 shall be
punished by a fine of between 5,000 and 15,000 FCFA and, in the event of a repeat offence, a fine of
between 10,000 and 100,000 FCFA.
Art. 318 - A fine of 50,000 to 200,000 FCFA shall be imposed on those who violate the provisions of
Articles L.36, 37, 39, 42, 48, 51, 61, 62, 63, 65 and 93. In the event of a repeat offence, the fine shall
be from CFAF 100,000 to 400,000. A fine of 20,000 to 100,000 FCFA and, in the event of a repeat
offence, a fine of
40,000 to 200,000 and imprisonment of 15 days to 3 months or one of these two penalties only, the
perpetrators of violations of the provisions of Article L. 69. The following shall be punished by a fine
of 50,000 to 300,000 CFA francs and imprisonment of 1 to 6 months or one of these two penalties
only
 a) the perpetrators of offences against the provisions of Articles L. 14 par. 1,
 b) any person who, by violence, threats, deception, theft or promises, coerces or attempts to coerce a
worker to hire him or her against his or her will, or who, by the same means, attempts to prevent or
hinder him or her from hiring or fulfilling the obligations imposed by his or her contract,
 c) any person who, by using a fictitious contract or a worker's book containing inaccurate
information, has caused himself to be hired or has voluntarily substituted himself for another worker,
 d) any employer, agent or servant who knowingly makes false statements in the worker's book or
any other document concerning the duration and conditions of the work performed by the worker, as
well as any worker who knowingly makes use of such statements
 e) any employer or authorised representative who knowingly employs, attempts to employ or retains
in his service a worker who is still bound by an apprenticeship contract or a trainee undergoing
training in a vocational training centre, regardless of the right to damages which may be awarded to
the injured party.
In the event of a repeat offence, the fine may be increased to 500,000 CFA francs and imprisonment
may be extended from 15 days to 6 months.
Section 3 - Infringements of the provisions of Title 3.
Art. 319 - Those who violate the provisions of Articles L. 95, 98, 99, 102, 103, 104 and 130 shall be
punished by a fine of 20,000 to 50,000 FCFA and 15 days to 3 months' imprisonment, or by one of
these two penalties only.
For infringements of the provisions of article L. 130, the fine will be applied as many times as there
are omitted or erroneous entries.
Art. 320 - Those who violate the provisions of Article L. 97 shall be punished by a fine of between
5,000 and 18,000 FCFA and, in the event of a repeat offence, by a fine of between 20,000 and 50,000
FCFA.
Art. 321 - The following shall be punished by a fine of between 10,000 and 18,000 CFA francs and, in
the event of a repeat offence, a fine of between 20,000 and 50,000 CFA francs and imprisonment for
between 6 and 10 days, or by one of these two penalties only
 those who violate the provisions of Article L.121;
 those who violate the provisions of the decrees provided for in Article L. 96.
Art. 322 - Any person who demands or accepts from a worker any remuneration as an intermediary in
the settlement or payment of wages, allowances, benefits and expenses of any kind shall be punished
by a fine of CFAF 50,000 to 500,000 and by imprisonment of one to four months or by one of these
two penalties only.
Art. 323 - Those who violate the provisions of Article L. 146 shall be liable to a fine of between 5,000
and 15,000 FCFA and, in the event of a repeat offence, to a fine of up to 100,000 FCFA.
Art. 324 - A fine of between 10,000 and 18,000 FCFA and, in the event of a repeat offence, a fine of
up to 100,000 FCFA shall be imposed on
 the perpetrators of violations of the provisions of Articles L. 142, 148, 149, 150, 151, 152, 153, 154,
155, 156, 157, 158, 159, 161, 163, 164.
 the perpetrators of violations of the provisions of Articles L.143, 144.
Art. 325 - A fine of between 5,000 and 18,000 FCFA and, in the event of a repeat offence, of between
15,000 and 50,000 FCFA shall be imposed on those who infringe the provisions of Articles L.131,
132, 133, 147 and 147. 15,000 to 50,000 FCFA, the perpetrators of offences under the provisions of
Articles L.131, 132, 133, 134, 135, 136, 137, 138.
Section 4 - Infringements of the provisions of Title 4
Art. 326 - A fine of between 10,000 and 18,000 FCFA and, in the event of a repeat offence, a fine of
between 20,000 and 50,000 FCFA will be imposed on the perpetrators of the offence. from 20,000 to
50,000 FCFA, the perpetrators of infringements of the provisions of Article L.184.
A fine of 20,000 to 50,000 FCFA and, in the event of a repeat offence, a fine of 50,000 to 200,000
FCFA, the perpetrators of violations of the provisions of Articles L.176, 178, 179, 180, 183, 185, 186,
187, 188, 189. Will be punished by a fine of 20,000 to 100,000 FCFA and, in the event of a repeat
offence, by a fine of 100,000 to 200,000 FCFA and imprisonment for 6 to 12 months for
infringements of the provisions of the implementing decrees of Article L.171. A fine of 20,000 to
100,000 FCFA and imprisonment of 3 to 12 months or one of these penalties shall be imposed on
those who violate the provisions of the decrees implementing Article L.171. months or one of these
two penalties only, persons who knowingly make a false declaration of persons who knowingly make
a false declaration of an accident at work or occupational disease.
Section 5 - Infringements of the provisions of Title 5
Art. 327 - Any assessor of the Labour Court who fails to attend his or her post in response to a
summons shall be liable to a fine of 5,000 FCFA. In the event of a repeat offence, the fine shall be
increased from 5,000 to 10,000 CFA francs and the Minister of Justice may, in addition, declare him
or her incapable of carrying out the duties of labour court assessor in the future. The judgement shall
be printed and displayed at his expense. Fines shall be imposed by the court.
Section 6 - Infringements of the provisions of Title 6
Art. 328 - The perpetrators of offences against the provisions of Articles L. 232 to 235 inclusive, 245
and 250 par. 3, shall be prosecuted and punished by a fine of 5,000 to 15,000 FCFA. In case of false
declaration relating to the articles of association and to the names and capacities of directors, the fine
may be increased to 180,000 FCFA.
Art. 329 - The following shall be punished by a fine of 50,000 to 250,000 FCFA and by imprisonment
of from 1 to 4 months' imprisonment or one of these two penalties only, and in the event of a repeat
offence, a fine of from 500,000 to 1,000,000 FCFA and 8 months imprisonment, the perpetrators of
offences against the provisions of Article L.257.
Art. 330 - Those who violate the provisions of Article L.265 are liable to a fine of between 10,000 and
18,000 FCFA and, in the event of a repeat offence, a fine of 100,000 FCFA.

Art. 331 - Any person who undermines or attempts to undermine either the free appointment of staff
delegates or the regular exercise of their functions shall be liable to a fine of between 100,000 and
500,000 FCFA and to imprisonment of between one month and one year, or to one of these two
penalties only.

In the event of a repeat offence, imprisonment will always be imposed. Infringements may be
established by the labour inspector or, failing that, by officers of the judicial police.

Section 7 - Infringements of the provisions of Title 7

Art. 332 - Those who violate the provisions of Articles L. 303, paragraphs 1 and 2, 304, 308, 309, 312
and 313 are liable to a fine of between 20,000 and 50,000 CFA francs and, in the event of a repeat
offence, between 50,000 and 250,000 CFA francs.

Art. 333 - Any person who employs a worker of foreign nationality who does not have the permit
provided for in Article L. 305 of this Code shall be punished by a fine of between 5,000 and 18,000
FCFA and, in the event of a repeat offence, by a fine of 100,000 FCFA.

Art. 334 - Any person who opposes or attempts to oppose the performance of the obligations or
exercise of the powers of labour inspectors, labour supervisors and heads of administrative districts
acting as deputies of the labour inspector will be punished by a fine of 20,000 to 120,000 FCFA and
imprisonment for 15 days to 3 months, or by one of these two penalties only. In the event of a repeat
offence, the fine is 120,000 to 250,000 FCFA and imprisonment is mandatory.

The provisions of the Penal Code which provide for and punish acts of resistance, insult and violence
against officers of the judicial police are, in addition, applicable to those who are guilty of acts of the
same nature against labour inspectors, monitors or their deputies.

Art. 335 - The laws on extenuating circumstances and suspended sentences are applicable to all
offences provided for and punished in this Title. Where a fine is imposed under this Title, it shall be
imposed as many times as there have been offences, but the total amount of fines imposed may not
exceed fifty times the maximum rates provided for above. This rule shall apply in particular where
several workers have been employed

in conditions contrary to this law.

Art. 336 - For the application of Articles L. 315, 316, 317, 319, 320, 321, 323, 324, 325, 326, 327, 328,
329, 333, there is a repeat offence when, in the twelve months prior to the act being prosecuted, the
offender has already been convicted for an identical act.

Art. 337 - The heads of undertakings are civilly liable for the sentences pronounced against their
representatives or agents.

Title 8 - Final provisions

Art. 338 - The present law is applicable to foreign workers.

However, international agreements may determine the particular conditions of introduction,

employment and repatriation of this category of workers.

Pending the signing of such agreements, the legislation, regulations and agreements prior to the
present Code will remain in force in those of their provisions which refer to workers who have come
from other countries to perform a contract of employment.

Art. 340 - Any clause of a current contract that does not comply with the provisions of the present
law or of a decree or order taken for its application shall be modified within a period of six months,
starting from the publication of the present law or of the decree or order in question. In the event of
refusal by one of the parties, the competent court may order, under penalty of a fine, to make the
modifications which are deemed necessary.
Art. 341 Collective agreements prior to the present law shall remain in force insofar as their
provisions are not contrary to it. These agreements may be the subject of extension orders under the
conditions provided for in the chapter on collective agreements.

Art. 342 - The institutions and procedures existing in application of regulations

Art. 342 - Institutions and procedures existing in application of labour regulations previously in force
will continue to be valid until such time as the institutions and procedures resulting from the present
law and subsequent acts are effectively put in place.

Art. 343 All previous provisions contrary to the present law are repealed.