▶ Labour Code 1992
→ Under Section L1 LC: Officials, judges, and members of the armed forces are formally excluded from the application of the provisions of the Labour Code.

▶ Labour Code 1992
→ Section L21 LC. Fixed-term employment contracts must be in writing. If there is no written contract, it is presumed to be for an indefinite term. A fixed-term contract may not exceed two years. A fixed-term contract concluded for the completion of a specific project is not subject to the aforementioned maximum limit, but in this case, it may not be renewed.
▻ Fixed-term contracts of more than three months must be filed by the employer with the relevant labour inspectorate before any commencement of execution of the contract.
→ Section L22 LC stipulates that: The fixed-term employment contract cannot have as its purpose the permanent filling of a position linked to the normal and permanent activity of the company.

▶ ▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L20, a worker may not renew a fixed-term contract with the same company more than twice. The initial contract does not count as a renewal.
Continuation of services outside the case provided for in the preceding paragraph automatically constitutes the execution of an open-ended employment contract.
The above provisions do not apply to:
1) workers hired by the hour or by the day for short-term work not exceeding one day;
2) seasonal workers hired for the duration of an agricultural, commercial, industrial, or craft campaign;
3) workers hired to supplement staff to perform work arising from an increase in the company's activity;
4) workers hired to provide temporary replacement for a company employee whose employment contract is legally suspended. 5) to workers in companies operating in a sector of activity in which it is customary not to use permanent contracts due to the nature of the work performed by the worker and the inherently temporary nature of the job.
▻ The list of these sectors of activity or jobs referred to in point 5 of the preceding paragraph is established by order of the Minister of Labour.
▻ The conditions of employment of the aforementioned workers and the implementing procedures for this Section are established by decree.
→ Section L22 indicates that: The fixed-term employment contract cannot have as its purpose the permanent filling of a position linked to the normal and permanent activity of the company.
→ Section L23 stipulates that: It is prohibited to use a fixed-term contract within six months following a dismissal for economic reasons with regard to the positions eliminated as a result of this dismissal, unless the duration of the contract, which is not subject to renewal, does not exceed three months.

▷ The worker can not renew more than twice a fixed-term contract with the same company.
▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L20, a worker may not renew a fixed-term contract with the same company more than twice. The initial contract does not count as a renewal.
Continuation of services outside the case provided for in the preceding paragraph automatically constitutes the execution of an open-ended employment contract.
The above provisions do not apply to:
1) workers hired by the hour or by the day for short-term work not exceeding one day;
2) seasonal workers hired for the duration of an agricultural, commercial, industrial, or craft campaign;
3) workers hired to supplement staff to perform work arising from an increase in the company's activity;
4) workers hired to provide temporary replacement for a company employee whose employment contract is legally suspended. 5) to workers in companies operating in a sector of activity in which it is customary not to use permanent contracts due to the nature of the work performed by the worker and the inherently temporary nature of the job.
▻ The list of these sectors of activity or jobs referred to in point 5 of the preceding paragraph is established by order of the Minister of Labour.
▻ The conditions of employment of the aforementioned workers and the implementing procedures for this Section are established by decree.

→ Section L21 LC. Fixed-term employment contracts must be in writing. If there is no written contract, it is presumed to be for an indefinite term. A fixed-term contract may not exceed two years. A fixed-term contract concluded for the completion of a specific project is not subject to the aforementioned maximum limit, but in this case, it may not be renewed.
▻ Fixed-term contracts of more than three months must be filed by the employer with the relevant labour inspectorate before any commencement of execution of the contract.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L.30, the probationary period must be expressly stipulated in writing. It may be the subject of a specific contract, called a probationary contract. This contract includes:
- The job and professional category of the worker;
- The duration of the probationary period, which, in principle, is equal to the length of the notice period but may, however, be longer, up to a
maximum of 6 months, including any renewals:
a) To take into account the techniques and practices of the profession;
b) For workers new to their profession, the probationary period is for a fixed term, calculated on a calendar basis. Travel time is not included, where applicable, in the maximum duration of the probationary period.
▻ In the event of termination of the contract during the probationary period or upon its expiry, the return travel expenses of the employee relocated by the employer shall be borne by the employer.
▻ The extension of services after the expiry of the probationary employment contract, without renewal of the probationary period, is equivalent to the conclusion of an open-ended contract, effective from the date the probationary period began.

→ Section L33 LC provides that: Unless otherwise agreed, the contracts of probationary appointment may be terminated without notice and without the possibility for either party to claim compensation.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L4 LC, Discrimination is defined as:
1) Any distinction, exclusion, or preference based on race, colour, sex, religion, political opinion, national origin, or social background that has the effect of destroying employment or impairing equality of opportunity or treatment in employment or vocational training;
2) Any other distinction, exclusion, or preference that has the effect of destroying or impairing equality of opportunity and treatment in employment and vocational training. In particular, discrimination based on criteria such as disability, handicap, HIV, and AIDS is prohibited.
▻ However, distinctions, exclusions, or preferences based on the qualifications required for a specific job are not considered discrimination.
▻ The above provisions do not preclude temporary measures taken to establish equal opportunities between men and women, particularly with regard to conditions of access to employment, training and skills development.
→ Under the New Section L.34, suspensions protect against dismissal. The employment contract is suspended, including:
1 - In case of military service or civil service of the employer, resulting in the closure of the establishment.
2 - During the statutory period of compulsory military or civic service,
3 - During the period of the worker's absence due to illness or a non-work-related accident, certified by a medical certificate. This period is limited to six months, but is extended until the date of the worker's replacement.
4 - During the period of unavailability resulting from a work-related accident or occupational disease,
5 - During the period of police custody or detention of the worker, provided that this does not exceed 6 months,
6 - During the period of technical unemployment under the conditions set out in Section L.35,
7 - During the strike and the lockout, if these are triggered in compliance with the procedure for settling collective disputes,
8 - During the suspension period, which cannot exceed 8 days;
9 - During the period of paid leave and workers' education,
10 - During the term of an elected mandate at the local or national level or the exercise of a political function by the worker,
11 - During the period of maternity leave,
12 - During the period known as widowhood for a female employee whose husband has just died.
▻ This suspension must be requested in writing and accompanied by a copy of the deceased's death certificate and a copy of the marriage certificate. It may not exceed 4 months and 10 days.
13 - During the pilgrimage to the holy places,
14 - During the leave of absence of the worker required for cultural and sporting events organized by the State.
→ Under the New Section L48(3), if the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
→ Under the New Section L58, the employer and the employee may, during the term of the employment contract, propose a modification to it.
▻ If the proposed modification to the contract presented by the employee is substantial and the employer refuses it, the employee may terminate the employment contract, but the termination is attributable to the employee.
▻ A clause is considered substantial if it is one without which the employee would not have entered into the contract, such as salary, working conditions, place of work, or the job title.
If the proposed modification to the contract presented by the employer is substantial and the employee refuses it, the employer may terminate the employment contract, but this termination is attributable to the employer and must be carried out in accordance with the rules of dismissal procedure.
▻ Dismissal following the refusal of the proposed modification is only considered unfair if the proposal stems from an intention to harm or from culpable negligence. If the worker accepts the modification, it can only take effect after a period equivalent to the notice period, up to a maximum of one month.
▶ Labour Code 1992
→ Under Section L51 LC. Breach of contract is particularly unfair:
▻ When the dismissal is made without good reason or when the motivation is inaccurate.
▻ when the dismissal is based on the employee's opinions, union activity, or membership or non-membership in a specific union.
→ Under Section L183, LC indicates that: Dismissal of pregnant women and women on maternity leave is prohibited.
→ Section L231 LC stipulates that a strike does not terminate the employment contract except in cases of serious misconduct by the workers.
▶ Regulatory text
→ Section 30 of the Act No. 06-028 of 29 June 2006 laying down rules for the prevention, care and control of HIV / AIDS states that discrimination based on HIV/AIDS status, in any form whatsoever, in employment, hiring, promotion and retirement is prohibited.

▷ Pregnancy and maternity leave
→ Section. L.183 LC. Prohibition of dismissal for pregnant women and women on maternity leave.
▷ Staff representative
▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L48(3), if the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
→ Under the New Section L277 The authorization of the Labour Inspector is required before any dismissal of a staff representative, whether a full or alternate member, contemplated by the employer or their representative. The authorization or refusal of this authorization must be notified to the employer and the staff representative concerned. Failure by the Labour Inspector to respond within fifteen (15) days of the application being filed constitutes authorization for dismissal, except in cases where the Labour Inspector deems an expert assessment necessary. In this case, the deadline is extended to 30 days, and the Inspector must inform the employer in writing, before the expiration of the 15 days, of their decision to extend the deadline. Any dismissal that occurs in violation of the procedure outlined in the preceding paragraph is null and void, and the staff representative will be reinstated in their rights and reintegrated into the company.
▻ However, in cases of serious misconduct, the employer may immediately suspend the employee pending a final decision.
If authorization for dismissal is refused, the suspension is null and void.
▻ The above provisions apply to employees running for the position of union representative during the period between the date the lists are posted and the date of the election, as well as to elected representatives until the date of the new elections and for a period of six months following the expiration of their term.

→ Section L.43 indicates that: The party initiating the termination of the contract must be able to prove that the notice period was given in writing. The notice period begins on the date of this notification. In the case of dismissal, the notice letter must state the reason for the dismissal.
→ Section L.52 stipulates that: If the dismissal of a worker is legitimate in substance but occurs without observance of the formality of written notification of termination or of the indication of its reason, the court must award the worker, to sanction the non-observance of the rules of form, compensation which cannot exceed one month of the worker's gross salary.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L41, the termination of an open-ended employment contract is subject to written notice given by the party initiating the termination.
▻ The notice period begins on the date the notice is delivered.
▻ The reason for termination must be stated in the notice.
▻ In the absence of collective bargaining agreements or equivalent decrees, the notice period is:
- 8 days for employees paid daily or weekly;
- 1 month for employees paid monthly;
- 2 months for supervisory staff and equivalent positions;
- 3 months for managers and executives.
▻ The contract may be terminated without notice in the event of serious misconduct, and subject to the discretion of the competent court.

▶ Labour Code 1992
→ Section L46 LC provides that: Any individual or collective dismissal by an employer for one or more reasons not related to the person of the worker and arising from deletion or alteration of employment or a substantial modification of the contract work due to economic hardship or technological changes, constitutes a dismissal for economic reasons.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L47, to try to avoid redundancy for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section 35, An employer wishing to place all or part of their staff on technical or economic unemployment must seek the opinion of the staff representatives, if any, or the trade union committee, and inform the relevant Regional Director of Labour of their decision beforehand.
The suspension period may not exceed three months. Beyond three months, or if the employee does not accept the proposed suspension conditions, any termination of the contract is attributable to the employer.
→ Under the New Section L47, to try to avoid redundancy for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section 35, An employer wishing to place all or part of their staff on technical or economic unemployment must seek the opinion of the staff representatives, if any, or the trade union committee, and inform the relevant Regional Director of Labour of their decision beforehand.
The suspension period may not exceed three months. Beyond three months, or if the employee does not accept the proposed suspension conditions, any termination of the contract is attributable to the employer.
→ Under the New Section L47, to try to avoid redundancy for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.
→ Under the New Section L48(2 to 4):
2) The employer must provide, in writing, to the employee representatives, if any, with the list of workers they intend to dismiss, specifying the criteria used.
▻ Within eight days of receiving this list, the employer must convene a meeting of the employee representatives to gather their suggestions, which are recorded in the minutes of the meeting.
3) If the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
4) For other workers, the employer may, after the meeting of employee representatives referred to in paragraph 2, proceed with the dismissal. In all cases, the list of dismissed workers and the minutes of the aforementioned meeting are immediately sent to the labour inspector for information, who will verify whether the criteria have been met.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L277 The authorization of the Labour Inspector is required before any dismissal of a staff representative, whether a full or alternate member, contemplated by the employer or their representative. The authorization or refusal of this authorization must be notified to the employer and the staff representative concerned. Failure by the Labour Inspector to respond within fifteen (15) days of the application being filed constitutes authorization for dismissal, except in cases where the Labour Inspector deems an expert assessment necessary. In this case, the deadline is extended to 30 days, and the Inspector must inform the employer in writing, before the expiration of the 15 days, of their decision to extend the deadline. Any dismissal that occurs in violation of the procedure outlined in the preceding paragraph is null and void, and the staff representative will be reinstated in their rights and reintegrated into the company.
▻ However, in cases of serious misconduct, the employer may immediately suspend the employee pending a final decision.
If authorization for dismissal is refused, the suspension is null and void.
▻ The above provisions apply to employees running for the position of union representative during the period between the date the lists are posted and the date of the election, as well as to elected representatives until the date of the new elections and for a period of six months following the expiration of their term.

No statutory provisions were found in the examined legislation in this respect.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L48(1 to 4), when the negotiations provided for in Section L.47 above have not resulted in an agreement, or if, despite the measures considered, certain dismissals prove necessary, these are subject to the following rules:
1) The employer establishes the order of dismissals according to the following basic criteria:
- voluntary departures;
- professional competence;
- family responsibilities.
Other criteria will be defined between the employer and the internal union committee, or, failing that, the employee representatives.
2) The employer must provide, in writing, to the employee representatives, if any, the list of workers they intend to dismiss, specifying the criteria used.
▻ Within eight days of receiving this list, the employer must convene a meeting of the employee representatives to gather their suggestions, which are recorded in the minutes of the meeting.
3) If the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
4) For other workers, the employer may, after the meeting of employee representatives referred to in paragraph 2, proceed with the dismissal. In all cases, the list of dismissed workers and the minutes of the aforementioned meeting are immediately sent to the labour inspector for information, who will verify whether the criteria have been met.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L48(5), a dismissed employee benefits from priority for re-employment in the same job category within their former company for a period of two years.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L47, to try to avoid redundancy for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.

▶ New Law No. 2017-021 of June 12, 2017, amending Law No. 92-020 of September 23, 1992, concerning the Labour Code in the Republic of Mali
→ Under the New Section L53 In the event of dismissal and termination of contract due to force majeure, a worker who has completed at least one year of continuous service with the company is entitled to compensation separate from the notice period.
This compensation, known as severance pay, is calculated by taking the average monthly salary received during the twelve months preceding the dismissal and applying the following percentages to this average salary:
- 20% for each of the first five years of work,
- 25% for each year of the 6th to 10th inclusive,
- 30% for each year beyond the 10th.
▻ Collective bargaining agreements and company agreements may provide for much more favorable rates. In this case, the rates prescribed by these agreements will replace those provided for in paragraph 2 of this Section.
▻ The remuneration to be taken into account for calculating severance pay includes all benefits constituting consideration for work, excluding those that are reimbursements of expenses.
In the calculation based on the above, fractions of years must be taken into account.
▻ This compensation is not due if the dismissal is due to gross misconduct by the employee, as determined by the competent court.
▶ Labour Code 1992
→ Section L54 LC stipulates that: In the event of resignation, a worker who has at least ten years of continuous service in the company shall be entitled to compensation for “services rendered”, calculated on the same basis and under the same conditions as the compensation referred to in Section L.53.

▷ There is no separate redundancy/retrenchment payment. Economic dismissals follow a stricter procedure, but the financial compensation remains the ordinary severance pay (indemnité de licenciement) provided for in Sections L.53–L.54.

▷ There is no separate redundancy/retrenchment payment. Economic dismissals follow a stricter procedure, but the financial compensation remains the ordinary severance pay (indemnité de licenciement) provided for in Sections L.53–L.54.